Using a solicitor

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Solicitors are experts on law. They can:

give you legal advice
tell you what your legal rights are and how to enforce them
help you resolve your problem without going to court or a tribunal
represent you in court or a tribunal (if needed)

Solicitors can specialise in different types of law. For example, if you're having problems with your landlord you would need a solicitor experienced in housing law. If you're splitting up from your partner, you may need a solicitor who specialises in family law.

Finding a solicitor

Find a solicitor in your area through the Law Society of Scotland. You can search for a solicitor by:

area of law (to find a solicitor that specialises in dealing with your type of problem)
your postcode
the name of the firm and if they're registered to provide legal aid

You can also search for legal aid solicitors on the Scottish Legal Aid Board website.

When you phone the solicitor's office to make an appointment, tell them about your situation and they'll let you know if there's a solicitor who can help you. You should then be able to make an appointment, although the solicitor might not be able to see you right away.

Family law solicitors

Family law solicitors have special training in dealing with the problems couples have after breaking up. You can find a family law solicitor using:

What to take to your solicitor appointment

You should take all relevant documents to the appointment (like a current passport or driving licence to prove who you are). Check with the solicitor before your appointment so you know exactly what to take with you.

If you're thinking of applying for legal aid you should bring 3 of your most recent bank statements and payslips.

It may also be helpful to prepare a list of questions you want to ask the solicitor.

What to expect from your solicitor

At your first interview, the solicitor should tell you:

how they plan to deal with your case
what the next step is
information about costs
how long they think your case will take
who to speak to if there's a problem with the service your solicitor gives you

You should make sure you understand what the solicitor has told you. Ask questions if you do not understand.

You can find out more about the rules and standards solicitors must follow on the Law Society of Scotland website.

How much solicitors cost

Some solicitors offer a first appointment for free. Your local Citizens Advice Bureau might have a list of solicitors in your area who offer this.

At your first appointment your solicitor should give you information on:

the likely cost of the case
how they'll charge for their service (for example a fixed fee, an hourly rate or a percentage fee)
if it's likely you'll be eligible for legal aid

Legal aid can help you with the costs of using a solicitor – if your case passes the legal tests and you cannot afford to pay the legal fees. Find out more about legal aid and how to apply.

Where else you can get legal advice

Solicitors are not the only people who can help with a legal problem. Free support may be available from places like:

housing advice centres
your local Citizens Advice Bureau
Shelter Scotland

Find more details on how to get help with a legal problem.

Complain about a solicitor

You have the right to stop using a solicitor and find a new one if you're unhappy with the service they've given you or the way they have conducted themselves.

You'll need to ask them for your paperwork and pay them for any work they've already done.

Find out how to complain about a solicitor.

Step 1

Fill in an application form
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You can apply by either:
- filling in the application forms and emailing them to a case worker
- contacting a case worker by phone or email who will send you paper application forms in the post
Once you get your forms you can complete them at your own pace.

The application forms you should complete are different depending on the type of payment you want to apply for
- For a Fixed Rate Payment application, you should fill in Part 1 and Part 2.
- For an Individually Assessed Payment application you should fill in Part 1 and Part 3.
You may be asked to include:
- certified ID
- information showing you were resident in a relevant care setting
- a statement of abuse
- information on previous relevant criminal convictions
- information on previous relevant payments you have received
- other documents to support an individually assessed payment application such as a statement from a family member or GP records that supports your statement of abuse
If you need help with the form

You can get help with filling out your application form.

There are different types of support available to help you through the process.

You can send your forms to a case worker at any time, even if they're not complete. Your case worker will then work with you to add any missing information. When you’re ready, send your paper application form to a case worker at:

Redress
PO Box 24209
EDINBURGH
EH7 9GT

Or email it to apply@redress-scheme.scot
Other formats

You can get Scotland’s Redress Scheme application and guidance in the following formats:
- large print
- braille
- other languages
Contact a case worker for more information and to request these formats.
Step 2

A case worker will contact you
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A case worker will contact you to review your application. The time it takes to contact you depends on the number of applications the team is dealing with.

Applicants will be given priority if they:
- have a terminal illness
- are aged 68 or over
Your case worker will tell you if any information is missing. They can also help you find out where to get this information if you do not already have it.
Step 3

Your case worker will check your information
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Your caseworker may have to contact organisations to verify the information you give. This could include confirming:
- where you were in care
- the dates you were in care
- if you've had any payments such as Criminal Injuries Compensation Authority Payments, court awarded damages or payments from the Advanced Payment Scheme
Step 4

Your case worker will send your application to Redress Scotland
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Your case worker can help you decide when your application is complete. They'll ask you if you want to review the whole application before they send it to Redress Scotland. Your case worker will not send your application until you're satisfied it's final.
Step 5

Redress Scotland will make a decision
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Redress Scotland are an independent organisation.

They'll write to you to let you know they have received your application and how long a decision will take. You can read more about the timescales for decisions on the Redress Scotland website.

Redress Scotland will organise a panel to make a decision on your application. A panel is made up of 2 or 3 panel members. Panel members are people from different professional backgrounds and experiences. The panel may contact your caseworker if they need more information.

Once a decision is made, Redress Scotland will send a decision letter to your case worker.
Step 6

You get a decision
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Your case worker will send you the decision letter from Redress Scotland.

If you receive an offer you will also receive a waiver to sign. The waiver is a legal document and you should speak to a solicitor for independent legal advice.

You can read the Summary of Options guide for more information about what you can do once you've had an offer.

If you accept the offer

If you accept the offer you will usually get a payment within 10 days. An apology and emotional support are also available alongside financial redress.

If you do not accept the offer

You can request a review of Redress Scotland’s decision if you are not happy with it. You can ask for a review on:
- whether you're eligible for a redress payment
- the amount of your offer
- any deductions from your redress offer because of a previous payment
You must ask for a review within 8 weeks of the date you receive a decision letter. The review will be considered by a different Redress Scotland panel from your original application.

Your case worker can tell you more about the review process.

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Information

Information

Finding a solicitor

Family law solicitors

What to take to your solicitor appointment

What to expect from your solicitor

How much solicitors cost

Where else you can get legal advice

Complain about a solicitor

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