SLAB relaxes rules to help virus-affected cases
The Scottish Legal Aid Board has taken a number of measures to assist solicitors during the coronavirus epidemic, in response to concerns raised by the profession.
Applications will be accepted without a legal aid declaration signed by the client, where consultation has taken place remotely or there are health concerns about sharing pens.
"Coronavirus" will be accepted as an explanation for late applications in summary criminal A&A and ABWOR work, unsigned declarations, and lack of evidence of client's capital and income. Verification will be accepted electronically, and time limits extended to allow provision of information – or an application may be revived once information becomes available.
SLAB says it does not have discretion to waive the 28 day time limit for applications in urgent civil and children's legal aid cases, but points out that not much information is needed to comply with basic application requirements.
It will also be "sympathetic" to late submission of accounts where this is due to the virus, and consider longer periods before suspending or terminating a grant of legal aid.
James Smith of McGreevy & Co, who specialises in prison work, welcomed the concessions, tweeting: "It is isn’t often I compliment SLAB but these are helpful measures.."
Click here to view the current guidance (16 March 2020).
England: call for special financial measures
Criminal defence solicitors in England & Wales have called for expedited legal aid payments and an extension of the business rate holiday to law firms with legal aid contracts.
The Criminal Law Solicitors Association said a sustained outbreak of COV-ID 19 would likely result in significant challenges including a possible drop-off in cases, delays in others and absences of key staff and others including counsel, agents and experts.
It said it was essential that firms could continue to meet obligations such as salaries, pension contributions, rent and equipment lease instalments or reach agreement to postpone these where possible.