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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Legal Aid Query For Civil Matter (Education Tribunal) I

Customer Question

Legal Aid Query For Civil Matter (Education Tribunal)

I received Legal Aid via LSC for period Feb 13 to March 13 and was in receipt of a passporting benefit.
The certificate has subsequently been revoked by the LAA.
Revocation due to a minority shareholding I have in a private company that cannot be realised as shares can only be sold to other shareholders and they will not purchase.
The LAA has not paid my Solicitor as they did not invoice the LSC/LAA and they have only just realised.
Although we have submitted an appeal the LAA are threatening passing the debt for collection to debt collector.

Could you please advise regarding the following:
1. Can the LAA still pursue me if they have not paid anything to Solicitor
2. Will the Solicitor get paid if he has invoiced LAA after revocation of certificate
3. If LAA have not paid out and Solicitor is not paid can Solicitor pursue me for the fees.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

1) Yes - sadly it is still a debt, even if not paid

Alex Watts :

2) Not necessarily - it depends on his contract terms with the LAA

Alex Watts :

3) Yes - but ONLY if you signed the Solicitor terms of business saying you would be personally liable

Alex Watts :

Can I clarify anything for you about this today please?

Customer :

Can i clarify how can it be a debt when they have paid no money and will not be paying any money? also if we were in a position to settle all or part of the fees would we be better placed to agree a repayment scheme with the LAA or the Solicitor direct?

Alex Watts :

A debt is a debt regardless of whether money is paid. It is a debt if it becomes due.

Alex Watts :

You can can settle part of the fees on a full and final settlement

Alex Watts :

Does that help?

Customer :

In this instance the LAA have informed us that they will not be settling our Solicitor's account as they invoiced too late. How can the LAA then pursue me for something they have not paid out?

Alex Watts : I see. If they have not paid it then they can't claim it off you.
Alex Watts : Does this clarify?