Getting legal aid and free legal advice in Scotland

If you cannot afford legal fees, you could get free legal advice or funding to cover them. Legal advice can help with housing problems, for example:

• challenging an eviction

• forcing a landlord to do repairs

• if you've been discriminated against while trying to find housing

Free legal advice

In-court advice

Some sheriff courts offer free legal advice on housing problems. It could resolve your problem before court action starts.

To find out if in-court advice is available in your area, contact:

• your local court

• your local Citizens Advice Bureau

Law centres

Law centres offer cheaper or free legal help to people who might find it difficult to get legal advice.

Many offer drop-in services and appointments where you can informally discuss your housing problem.

There are law centres across Scotland, including:

• Castlemilk Law Centre, Glasgow

• Ethnic Minorities Law Centre, Glasgow

• Govan Law Centre, Glasgow

• Legal Services Agency, Glasgow and Greenock

• Scottish Child Law Centre, Edinburgh

• Dundee Law Centre, Dundee

• Fife Law Centre, Fife

You can also check our legal services directory.

If you need further legal help, legal aid could help pay your solicitor’s fees.

Paying for a solicitor with legal aid

Legal aid can help pay legal costs if you cannot afford them. You'll need to show that you cannot afford legal help without it. For example, you could show your income and savings.

Legal aid might not cover all of your costs. If you need to pay some of the cost or pay any money back later, your solicitor will explain what you have to pay and why.

Most legal housing issues are civil cases. There are 2 types of legal aid funding for civil cases:

• advice and assistance

• civil legal aid

If you are looking for legal aid for another type of case, check advice on:

• criminal cases on mygov.scot

• children’s hearings on mygov.scot

Advice and assistance

Advice and assistance legal aid can help pay for the work your solicitor does to keep your case out of court. This could include:

• advice from your solicitor

• telephone calls

• meetings

Find out about advice and assistance on mygov.scot.

Civil legal aid

If your case is likely to go to court, you will usually need to apply for civil legal aid. This funding can help pay for:

• preparation work before you go to court

• your solicitor representing you in court

Find out about civil legal aid on mygov.scot.

Applying for legal aid in Scotland

You can only apply for legal aid through a solicitor. Visit a law centre or find a civil solicitor on the Scottish Legal Aid Board.

You can use the Scottish Legal Aid Board's eligibility checker to find out if you might qualify for legal aid. However, it’s always best to confirm your eligibility with your solicitor.

The legal aid you apply for depends on the help you need. Your solicitor will tell you what funding to apply for and help you with the application process.

If you pay for legal advice yourself

Solicitors must provide you with a cost estimate of the work they’ll do for you. You have the right to ask for an updated estimate as your case progresses.

There could be extra costs. For example, if you lose your case you might have to pay your opponent's legal fees and expenses. Ask your solicitor about any costs that might come up.

Usually, you will not have to pay your full fee at once. If you're concerned about your bill, it might be possible to pay in instalments.

If your bill is significantly higher than the estimate you were given, you can complain about your solicitor. It might be possible to have your bill reduced.

Check Citizens Advice guidance on using a solicitor. (check this link)