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Legal Aid Statutory Charge Solicitor

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  • Legal Aid Statutory Charge Solicitor

    Hi not sure if this is the place to post this but I need to know how exactly a Statutory Charge works and if my solicitor can take money out of my compensation?

    For clarification I'm receiving legal aid for a case.

    Basically I got a message from the solicitor that they think I'll get compensation and wanted me to be aware of the Statutory Charge that they will likely deduct and then went on to say the LAA certificate scope won't cover all costs and they may deduct it from my compo also if they couldn't recover it from the other side they will take from my compo.

    I've looked this charge up and apparently it's between the LAA and me not solicitor and me. I've no problem paying back the LAA the costs they spent on me from my compo if I get it. I just don't want the solicitor trying to take what's mine.

    I came to them as a legal aid client not a private one, I believe the legal aid will cover all costs they think are reasonable and solicitor is telling me this because he feels I'll get compo and wants a piece of it.

    Can the solicitor try and take my compo? Is the statutory charge between me and legal aid or solicitor and can solicitor get involved after the case to get more money from my compo than the legal aid have paid them?

    Can I tell solicitor in writing I came to him as a legal aid client and if legal aid don't amend the certificate for more money for them then not to do more work than the scope allows as I've not instructed them nor authorized them to do so.

    Will this stop them trying to get my compo?

    For clarification, I've no problem paying back the LAA, I just don't want to pay the solicitor on top of what the LAA pays them as I do feel they are trying to drive up the cost now new evidence has been submitted and I'm likely to win and get compo.

    Any advice? Thanks in advance.





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  • #2
    Who wrote the contract between you and the solicitor? Don't you think they have probably covered this? Anyway, have a look at that first.

    In general, if you accept that you owe the money, there's no real reason to object to them deducting it .

    Comment


    • #3
      The statutory charge is paid by the solicitor to the LAA out of any compensation you are awarded before you receive the balance. The solicitor is obliged to tell you about the statutory charge, of course.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Amethyst, the OP also said: "and then went on to say the LAA certificate scope won't cover all costs and they may deduct it from my compo also if they couldn't recover it from the other side they will take from my compo".

        Comment

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