Ask a Scots Law Question, Get an Answer ASAP!
Thank you for your question. If you were granted legal aid it would have been a breach of the legal aid regulations for your solicitor to also sign you up to a no win no fee agreement. Further it would be wrong to put an action into court and then withdraw it pending further medical reports. What should happen if anything is that the case is sisted. What that means is that it is left in the court but taken off the court rolls and all procedure is suspended whilst something outside the court takes place, such as getting medical reports or applying for legal aid. Is that what may have happened here? If you are unhappy with the way your solicitor is dealing with this you should see another solicitor immediately. Take the correspondence you have from your solicitor and from the legal aid board and an application can be made to transfer your legal aid from one solicitor to another. I hope that helps. Please leave a positive rating so that I am credited for my time.
In that case, go to another solicitor and ask for your case to be taken over. The new solicitor will get you to sign a mandate instructing the first solicitor to send the file to him.
Here is the link I mentioned: https://www.scottishlegalcomplaints.org.uk/
This is the link to the form you have to complete. https://www.scottishlegalcomplaints.org.uk/making-a-complaint/online-complaint-form/step-1.aspx When you come to the section about your complaint all you have to say is that you have called and emailed your solicitor repeatedly about your case and he is not responding to you. Because of that you are concerned about what is happening with your case. You are no longer sure if the solicitor has the case with the court or whether the case has been taken out of the court. Your compliant is that the solicitor is providing an inadequate professional service.