https://www.slab.org.uk/guidance/changes-of-nominated-solicitor-2/
https://www.slab.org.uk/guidance/changes-of-nominated-solicitor-2/
You have the right to give up a legal aid case [section 31(2) Legal Aid (Scotland) Act 1986]. Having decided that you should cease to act you do not have to get our prior permission. However, you must tell your client and us that you have withdrawn and why using the online ‘Cease to Act’ function [regulation 25(1) Civil Legal Aid (Scotland) Regulations 2002].
If you are told your client no longer wants you to act, you must tell us using the online ‘Cease to Act’ function [regulation 25(2)].
If your client asks you to stop acting for them, they cannot insist on transferring their grant of legal aid to another solicitor. They must get our approval to nominate another solicitor. The newly instructed solicitor will usually apply for our approval using the ‘Transfer Registration’ application.
We must consider [regulation 25(3) Civil Legal Aid (Scotland) Regulations 2002]:
We may invite comments from you on:
Despite this, the decision on the application is entirely ours.
Any transfer will only be effective from the date we authorise it and cannot be made retrospectively. Any work done by the incoming solicitor before that date will not be allowable under the grant of legal aid. If you are the incoming solicitor and need to do work as a matter of urgency, you should contact us by telephone to arrange an urgent transfer.
Where a transfer of agency is sought prior to the determination of the application, you should make a transfer application using the ‘Transfer Application’ function and following the steps below:
We will notify you of the decision taken and, where granted, this gives access to the online record including notifications.
If you are the incoming solicitor you must check the status of the application prior to undertaking any work on behalf of your client as the application may still be outstanding. Where the work to be done is urgent a special urgency application may need to be made.
You must notify us, in writing, of all cases that you are taking with you to any new firm. You should also provide details of the new firm code. As these are not transfers, no client declaration is required.
Transfer applications need to be submitted by the solicitor within the firm who is now to act on behalf your client. A signed declaration from your client is needed.
If a transfer is needed because the nominated solicitor:
the normal transfer procedure applies.
A client’s transfer declaration should be completed and the online line transfer application submitted.
After a grant, and prior approval needed
This page includes information on arrangements for the employment of counsel under civil legal aid. It includes information on: the tests applied in our assessment of requests for counsel (whether case-related, or linked to your circumstances); timing of requests; limited use of counsel for opinions etc.; and retrospective grants for the employment of counsel.
After a grant, and prior approval needed
This page includes information on the employment of expert witnesses in civil legal aid. The guidance includes information on when prior approval is required; the application procedure (including use of templates); how to distinguish an expert witness and the status of certain common types of witnesses; timing of applications; how we will assess experts’ costs; and cost limit information.