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Legal aid helps you pay for a solicitor. You can get legal aid to pay for legal advice and assistance in civil and criminal cases.
If your claim is successful in awarding you money or property when using legal aid, you may be asked to put this towards your solicitor's bill. This is known as the statutory charge.
Types of legal aid
There are three types of legal aid:
- legal advice and assistance,
- civil legal aid,
- criminal legal aid.
You may also be able to get up to thirty minutes of legal advice for £5.00. This is known as the fixed fee interview. You can get a fixed fee interview even if you are not entitled to legal aid.
Make sure that you give your solicitor accurate information at your first meeting. Your legal aid could be withdrawn if you give wrong information about your case. Keep your solicitor up to date with any changes in your income or savings.
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Legal advice and assistance
You can get legal aid for up to two hours' general help from a solicitor. This includes:
- general advice,
- writing letters,
- negotiating and preparing a written case for a tribunal.
This help can cover most legal problems such as divorce, maintenance or making a will. Legal aid won't usually cover the cost of a solicitor representing you at a tribunal.
You can also get legal aid to cover the cost of a solicitor representing you in the magistrates' court. This is known as Assistance By Way Of Representation (ABWOR). The magistrates' court hears cases about:
- separation,
- maintenance,
- Children's Orders,
- non-molestation,
- paternity.
Can I always apply for legal advice and assistance?
You must be able to show that your savings and income are within the current financial limits. You may also be asked to make a financial contribution to the cost of your case depending on your financial circumstances.
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Civil legal aid
Civil legal aid covers all the work leading up and including the court proceedings and representation by a solicitor or a barrister. You may be eligible for civil legal aid even if you have been turned down for legal advice and assistance.
Civil legal aid is available for cases in:
- Supreme Court,
- Court of Appeal,
- High Court,
- County Court,
- Lands Tribuna,l
- Enforcement of Judgements office.
Civil legal aid is not available for:
Your solicitor applies for civil legal aid on your behalf. It is important that the forms are completed correctly. Incorrectly completed forms could stop or delay you getting legal aid.
Can I always apply for civil legal aid?
You must be able to show that your savings and income are within the current financial limits. You may also be asked to make a financial contribution to the cost of your case depending on your financial circumstances.
You must also be able to show that it is reasonable for you to take or defend the court action.
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Criminal legal aid
Criminal legal aid covers representation by a solicitor, or barrister, or both in the Magistrates' court and crown court. You can only get criminal legal aid if you have been charged with a criminal offence.
Contact a solicitor if you get a summons to go to the magistrates' court. If you are held in custody you should ask the police to contact a solicitor for you. All advice and assistance from a solicitor at a police station is free.
Can I always apply for criminal legal aid?
You can apply as long as the court decides that it is reasonable for you to apply. Criminal legal aid has no financial limits and you won't have to make a financial contribution.
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