Schedules
Schedule 5: Enhanced legal aid fees for certain solicitors
Paragraph 1: Power to provide for enhanced fee
This paragraph provides the power to provide for enhanced fees to a solicitor who is exercising a relevant right of audience; is accredited by the Law Society; and has complied with the duties listed in paragraph 3. The Schedule applies to rights of audience in the Crown Court, a county court, a magistrates’ court and certain tribunals.
Paragraph 2: Accreditation of Solicitors
This paragraph outlines that the Law Society will make regulations regarding the accreditation of solicitors. It allows a solicitor to apply to the Law Society for accreditation and outlines the application process.
Paragraph 3: Duties of solicitor
This paragraph sets out the duties of the solicitor where the client will be represented by an accredited solicitor. The solicitor is required to advise the client of the advantages and disadvantages of representation by an accredited solicitor and by counsel. The Law Society will make regulations outlining how this is to be done. The solicitor must inform a court or tribunal before which they are representing the client that they have given such advice. The solicitor must act in the best interest of the client and comply with any decision they make as to representation by an accredited solicitor or counsel. If the solicitor fails to comply with any of the duties in this paragraph any person make may a complaint against the solicitor to the Solicitors Disciplinary Tribunal.
Paragraph 4: Regulations
This paragraph sets out that regulations made under this Schedule require the concurrence of the Lord Chief Justice and the Department of Justice which must consult with the Attorney General.
Paragraph 5: Consequential Amendments
This paragraph allows the Department of Justice to make consequential amendments to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 or to Schedule 3 to the Access to Justice (Northern Ireland) Order 2003 as appears necessary.
Paragraph 6: Interpretation
This paragraph provides definitions for the terms used in this Schedule.