Reminder about Covid-19 measures in place to assist profession

We previously set up a Covid-19 Updates section on our website listing all the changes to applications and accounts arrangements as a result of the ongoing pandemic.

Please refer to this section for a full listing of the measures in place but we would like to highlight the issues below as being especially relevant just now.

While the Scottish Courts and Tribunals Service (SCTS) have implemented revised arrangements across its courts and tribunals due to the increased transmissibility of Omicron, we would remind you about the measures we introduced to reduce the need for solicitors to attend custody courts.

Please note that in general solicitors would not be expected to attend duty attendances if they have any safety concerns.

Highlighted issues:

• interim fees and outlays claims – what you can do now: the extended interim payment process introduced early in the Covid-19 pandemic to assist the profession during the crisis is still in place
• acceptance of applications without a client’s signature: applicant signatures are still not required on declaration forms, which should help if you are seeing clients remotely
• Covid-19: Guidance on providing applicant financial information: guidance on financial verification
• Covid-19: Appointed solicitor delegation of custody appearance: in custody cases, appointed solicitors can still delegate the first attendance to other solicitors or the duty solicitor, as long as they have taken the initial instructions from the client. This should help reduce the numbers of solicitors who need to attend the custody courts
• change to summary fixed payment to allow the full fee: in summary criminal cases, the ‘half duty fee’ still no longer applies where a solicitor with a prior relationship with the client refers the initial attendance to the duty solicitor. Again this should help reduce the numbers of solicitors who need to attend the custody courts
• client payments due to the Legal Aid Fund: the current situation may affect people’s ability to make payments so we are receptive to any requests for payment holidays.

More information

If you would like any further information please contact the person or team listed on the relevant update or guidance.

Please note our opening hours over the Festive period.