Application for legal aid
A solicitor should consider on a case-by-case basis whether an application can be made for legal aid based on the information provided by the client and in the absence of the file, in relation to the matters at issue.
In any case where a person applies for legal aid, and proceedings are in being, it is a matter for the solicitor to consider whether and to what extent he/she can provide legal advice to the client in relation to the matter.
The client should be given specific advice in relation to the capacity of the solicitor to provide appropriate professional advice in the absence of the case file.
If so requested by the client, the solicitor must submit an application for a legal aid certificate in the normal way. In applying for legal aid the solicitor should state the legal advice given and whether, in his/her professional opinion, it is possible to either:-
process the application for legal aid in the absence of the file; or
provide professional services to the applicant, either legal advice or legal aid.