Caesar & Howie Latest News » Legal Aid

PENSIONERS SHOULD ACT NOW WHILST LEGAL AID BENEFITS REMAIN

Sandra — Thu, 10 Jun 2010 14:36:16 +0000

Scotland has a very generous legal aid system for pensioners. A pensioner can be on a state pension, have a modest private income, £26,664 of savings and still get legal aid for vital issues. For a pensioner couple the limit is £26,999. Issues of most interest to pensioners are writing a Will, appointing an Attorney to look after the pensioner‘s affairs should that person fall ill and become incapable of dealing with things. There is also an increasing demand amongst pensioners to prepare Advance Healthcare Directives (otherwise known as Living Wills) which state the person’s wishes regarding medical treatment in extreme situations. But legal advice is also available for many other matters covered by the Legal Advice and Assistance Scheme.

However, this year the Scottish Legal Aid Board have already intimated an increase in civil applications of 24%. This and the certainty of government cuts to come could mean that this generous benefit to pensioners could be under threat in the future.

David Borrowman, Managing Partner of Caesar and Howie, states “We believe probably over 80% of Scottish pensioners could have their affairs put in order either free or at a significantly subsidised cost using legal aid. Having these documents in place is massively helpful to families. Powers of Attorney in particular, can save families the stress of court actions should a family member become unable to look after themselves.”

It is possible however that legal aid will be less easy to get in the future. David continues “I understand the Scottish budget is protected for this year but will not be after that. I hope legal aid is ring fenced since it helps the more vulnerable in our society – but who knows what may be cut in the future. My advice to senior citizens is to act now – get these family care documents done whilst legal aid is available.”

“Too many people missing out on legal aid for guardianships”

Sandra — Mon, 12 Apr 2010 14:21:01 +0000

Is the view of Caesar and Howie family law expert Martin Monaghan, who is frustrated by the lack of publicity, given to this aspect of the Scottish legal aid system.

“Where a family member becomes incapacitated, many families have to have someone appointed as guardian to look after the affairs of the incapacitated person. It is not widely known that The Scottish Legal Aid system is very generous when it comes to granting legal aid for guardianships. The vast majority of persons in need of guardianship are entitled to free legal aid and if a welfare appointment is sought at the same time, this is without any financial test or qualification. This legal aid will pay for all of the costs incurred in applying for guardianship and intervention to deal with the welfare, assets and income of the person who is incapacitated.

Whilst I think that is a great system and one we should be proud of in this county, I think not enough people know about this entitlement. Many thousands of pounds can be saved by using a solicitor geared up for legal aid for a guardianship action. What’s even better is that there is virtually no delay in legal aid being granted in these cases – so no time is lost”.

Scottish legal profession provides “essential” services

admin — Wed, 07 Nov 2007 00:00:00 +0000

Justice secretary Kenny MacAskill stated in recent days that it was important that lawyers are paid "appropriately and fairly" as they provide an "essential service".

Mr MacAskill’s comments came after news that the amount of money lawyers receive in legal aid is to increase from next year.

He announced that lawyers in the most serious of legal cases will see an increase in their fees by seven per cent from April 2008.

Mr MacAskill added that work carried out by legal professionals in advising, representing and assisting clients who cannot afford to pay for the services is a vital part in obtaining justice for all.

"This government is committed to ensuring that solicitors are paid appropriately and fairly for the work they do," he said.

Legal aid allows people who would not be able to afford to get help with their legal problems to get assistance.

Paper on relaxation of Scottish legal services issued

admin — Mon, 05 Nov 2007 00:00:00 +0000

The Law Society of Scotland has issued a consultation paper on rules regarding the delivery of legal services.

If the laws are relaxed, the provision of legal aid in Scotland may be changed fundamentally, as non-lawyer providers such as supermarkets or banks would be able to deliver legal services.

Richard Henderson, president of the Law Society of Scotland, commented that the issue is one of the most important to be raised in the history of the Scottish legal profession and could result in far-reaching changes for the profession and the public.

"There is a growing demand for change both from within the profession and other interested parties – including consumers – and while we have embraced the need for change … we cannot underestimate some of the challenges that must be addressed to do this," he said.

Mr Henderson urged everyone with an interest to respond to the paper by Januray 31st 2008.

The Law Society of Scotland is the governing body for Scottish solicitors and was founded in 1949.

Law Society of Scotland to deliver recommendations on services ‘by February’

admin — Sun, 30 Sep 2007 23:00:00 +0000

Changes in the way Scottish consumers receive legal services may take place following planned recommendations from the Law Society of Scotland, it has been reported.

Suggestions will be made by the Scottish solicitors’ governing body by the end of February, promised organisation president Richard Henderson.

Proposals will be made in response to pleas to overhaul the current system of legal advice provision in Scotland – the closed shop – which disallows businesses such as banks and supermarkets from offering such assistance to consumers, according to the Herald.

The recent event at the National Gallery called The Public Interest, Delivering Scottish Legal Services was acknowledged to be one of the most significant debates the law society has ever hosted, according to the publication.

According to the Scotsman, outcomes from the debate at the National Gallery are due to be published as part of a consultation paper that will be issued this month.

Scottish legal service provision debated

admin — Thu, 27 Sep 2007 23:00:00 +0000

The provision of legal services in Scotland is being debated at a conference today, it has been reported.

Delegates at the National Galleries are discussing whether legal services could be made available to consumers from other providers, such as supermarkets or banks.

Also being discussed is whether rules governing how law firms operate should be relaxed to allow them to take advantage of alternative business structures.

President of the law society of Scotland Richard Henderson commented: "This is one of the most important issues to arise in the history of the Scottish legal profession and could result in far-reaching changes for the profession, the society and the public."

He added that the society is working on a new policy for the education and training of solicitors to ensure that legal services in Scotland continue to improve.

The Law Society of Scotland is the governing body for solicitors in the country and promotes the interests of the public in relation to the profession.

Law Society president predicts ‘year of implementation’

admin — Mon, 04 Jun 2007 23:00:00 +0000

The next year will be dominated by implementation of the Legal Profession and Legal Aid (Scotland) Act, according to the new president of the Law Society of Scotland.

John MacKinnon stepped up from the role of vice president to fill the vacancy created by Ruthven Gemmell a little more than a week ago and has some set views on what the challenges will be for solicitors over the coming months.

"If the past year was dominated by the demands of responding to the Legal Profession and Legal Aid (Scotland) Act, then the next 12 months will focus on implementation of the enacted legislation," Mr MacKinnon said.

The new president said that he was particularly concerned with "advancing the interests of solicitors and their clients" with reference to the Scottish Legal Complaints Commission, which will start handling complaints next year.

Mr MacKinnon took up his position on May 25th, with Richard Henderson, formerly a solicitor to the Scottish executive, taking on the vice president title the new president vacated.

Which? affordable representation calls criticised

admin — Tue, 08 May 2007 23:00:00 +0000

Legal bodies in Scotland have criticised moves by a consumer watchdog to prompt an investigation by the Office of Fair Trading (OFT) into affordable justice in Scotland.

Consumer magazine Which? was reported by the Herald to have put forward a "super complaint" to the OFT this week, suggesting that regulation of the profession in Scotland prevents both competition and sufficient access to affordable representation.

However, the Faculty of Advocates and the Law Society of Scotland have countered the complaint, stating that it was not called for and that more productive would be a discussion of the watchdog’s concerns directly with the profession’s bodies.

The debate follows a decision by the legal profession in Scotland not to follow England and Wales in pursuing the recommendations of the Clementi Review, which allowed non-legal bodies to cooperate with legal firms in the provision of legal services.

Michael Clancy, director of Law Reform at the Law Society of Scotland, commented: "The society has not been sent the complaint, but it is disappointing that Which? has chosen this route to raise these issues instead of working with the society to benefit the Scottish public."

In March, at its annual general meeting, the society discussed ways of combating apparent legal aid "deserts" in Scotland, calling for "hard evidence" that could be presented to the Scottish Executive to address the issue.