Paying back Legal Aid?

Dancing_Shoes

Sorry to sound stupid:o but is legal aid not free?

mookiandco

Dancing_Shoes wrote: »

Sorry to sound stupid:o but is legal aid not free?

It is free unless you recover any money or property from proceedings and then quite rightly you are required to repay your legal aid bill.

Clients are told this at the outset, most choose to ignore it and then go on to complain when they have to repay their legal aid bill.

Penny35_2

Hi

I too thought legal aid was free.

So if someone uses them whilst they divorce, if they get equity out of a house, to release them of the mortgage, would they pay the legal aid bill ?

Thanks

Crabman

Penny35 wrote: »

Hi

I too thought legal aid was free.

So if someone uses them whilst they divorce, if they get equity out of a house, to release them of the mortgage, would they pay the legal aid bill ?

Thanks

Hi Penny - yes - it's called the "statutory charge".

Any assets that you preserve or retain are then used to 'pay back' the legal services commission.

However if your solicitor hasn't explained the implications of the statutory charge (they must) then there is something you could do to possibly waive it, I know there is a need for solicitors to keep clients advised of the legal aid costs but I'm not an expert so don't quote me on that!

The statutory charge interest is at 8% (last time I looked) which is quite hefty. My personal view is that the whole system is set up to line solicitors' pockets, not help 'vulnerable members of the public gain access to justice'.

Dancing_Shoes

I actually think that it is a good idea to stop people using services of a solicitor "just because its free" if that makes sense. After all they have to be paid a salary from somewhere

Penny35_2

Crabman wrote: »

Hi Penny - yes - it's called the "statutory charge".

Any assets that you preserve or retain are then used to 'pay back' the legal services commission.

However if your solicitor hasn't explained the implications of the statutory charge (they must) then there is something you could do to possibly waive it, I know there is a need for solicitors to keep clients advised of the legal aid costs but I'm not an expert so don't quote me on that!

The statutory charge interest is at 8% (last time I looked) which is quite hefty. My personal view is that the whole system is set up to line solicitors' pockets, not help 'vulnerable members of the public gain access to justice'.

Hi

Thanks for reply it is nothing for me, more out of curiosity...if I needed a solicitor I would not qualify for legal aid anyway.

Thanks

Dancing_Shoes

same here just being nosey:o