Can You Choose Your Own Solicitor with Legal Aid?

The question of whether you can select your own solicitor when receiving legal aid is one that frequently concerns those seeking legal assistance. The good news is that yes, you generally can choose your own solicitor, though there are several important factors to consider in this process.

Under the LASPO, or Legal Aid, Sentencing and Punishment of Offenders Act 2012, a recipient of legal aid has the right to choose his or her legal representative. This is a basic principle of legal aid that ensures clients work with practitioners they trust and feel comfortable with. Nonetheless, such choice isn’t unrestricted-this selected lawyer must hold an appropriate legal aid contract in force with the Legal Aid Agency for his type of case.

An eligible solicitor needs some homework on their part to consider who one could consider using as the right one. The Law Society website holds an active and full database of Legal aid Practitioners for finding competent representatives within any geographical region. Therefore, searching entails first, confirming if such a solicitor possesses a relevant legal aid contract besides currently being able and willing to accept new cases on legal aid. Of course, competence in handling one’s legal case ought also be part of his qualifications.

Theoretically, you could select any legal aid solicitor in England and Wales. In practice, however, you are often limited to choosing a solicitor local to your area. It is usually not covered under legal aid to travel, so it is financially not practical to choose a distant solicitor unless absolutely necessary. This geographical limitation may affect those in rural areas or regions with fewer practitioners.

The quality of legal aid solicitors is strictly controlled. Solicitors must be Lexcel or Specialist Quality Mark accredited and subject to regular peer review. The LAA will audit the firm on a regular basis to check for compliance with their standards, and solicitors must continually improve their professional development. Such conditions ensure that whoever you choose, they meet the professional standards of competence.

Sometimes, circumstances may limit your choice of solicitor. Urgent cases requiring immediate representation might necessitate working with whoever is available. Conflicts of interest might exclude certain firms from representing you, and in specialized areas of law, the number of qualified practitioners might be limited. High demand periods can also affect solicitor availability, particularly in areas with fewer legal aid providers.

Should you need to change solicitors during your case, this remains possible but requires careful consideration. You’ll need valid reasons for the switch, and the LAA must approve the transfer. This process can potentially delay your case, and you’ll need to find a new solicitor willing to take over who also holds the appropriate legal aid contract. Such transitions, while possible, should be approached thoughtfully to avoid disrupting your legal proceedings.

In making your selection, consider multiple factors beyond just availability. Research their experience with cases similar to yours, their success rates if such information is available, and their communication style. Location and accessibility matter significantly for ongoing representation, and client feedback can provide valuable insights into their service quality. Additionally, assess their current workload and capacity to give your case the attention it requires.

The ability to choose your legal aid solicitor represents an important aspect of access to justice, ensuring that even those requiring financial assistance for legal representation maintain some control over their legal journey. While the system has its limitations and practical constraints, understanding these parameters helps you make an informed choice within the available options.

For further advice please get in touch with our team today by calling 020 8538 0182 or +44 7857 809932, or you can email us on [email protected].

Please note these blogs are to enhance your knowledge and are not tailored advice, for specific advice please get in touch with our outstanding team.