Hi guys, I am currently fighting a dangerous driving offence and have been awarded legal aid, both for a solicitor and for a specialist to examine and collect the evidence.

My solicitor is claiming that he cant present my case propery, and that this is because of funding restrictions, but happily took on the case and is leaving me kind of out in the lurch at the minute. He claims on an average case he gets only £500 and that all the funds have been used up on one visit to court and employing the specialist although he told me that he obtained additional funding for this, and because the specialist has more work to do has recieved more funding.

Can anybody tell me what this solicitor would be expecting to be given in terms of funding for a dangerous driving case as he claims that the legal aid board treat this as a minor matter and that he gets very little. He says that he would need £5000 to fully prepare for the case but I dont have it and I think he has a cheek taking the legal aid money and asking me for more.

It strikes me that although he displays the legal aid sign in the window of his office and takes on this type of work that he should provide a service, rather than take it on then tell me that he cant fund the case and collect the evidence I need to fight my case.

I'm totally gutted and any advice appreciated guys.

Sounds like you are being treated in a pretty shoddy fashion. Report the solicitor to the law society for Scotland and to the legal aid board (mind you you need copies in writing of what your solicitor asserts to get anywhere). If your court date is close you can get an adjournment by simply pointing out that you have been let down by your representative and need more time to prepare and instruct other counsel.
It cost me £1800 in legal fees to fight a similar case but any specialist costs would be over and above that.

Thanks for that, I have to speak with him on Monday and I'm just trying to get enough information to keep myself right, every time I query something he goes down the line of, "you can get somebody else". I asked him for a copy of the experts report and he told me that due to being on legal aid that this was not possible. It strikes me as bizzare that evidence brought in is kept from me. I checked with the legal aid board and they say that there are no sanctions in terms of handing out statements and evidence in my case and to seek advice from the law society. But I need to be careful because it seems to be difficult to get another solicitor to take over a case where another solicitor has screwed up.

To be granted Legal Aid for a motoring offence the charge of DD must be serious or someone was seriously injured. Is there a risk of a custodial sentence. Pete D

I'm not an authority on Scottish solicitors but all English solicitors have to have a complaints procedure which should be set out in the client care letter they sent you (assuming that they sent one).

Before going anywahere else, you should make a formal complaint using that procedure. This should get things sorted out far better than going to another solicitor will do, even assuming that you can get another solicitor to take your case and the Legal Aid authorities agree to a transfer.

In England, if you haven't used the complaints procedure, the Legal Services Ombudsman won't touch a complaint.

The suggestion that you can't have a copy of the expert's report is arrant nonsense.

JJ

Sounds like your lawyer is going to use this as a defence at your next intermediate diet, which is often a commonly used reason
I suggest you agree to the lawyer completing a further application for additional funding
Also ask for full details of costs incurred thus far along with the funding they have received
Sadly you would be required to cover the costs of any shortfall, but this usually only applies if you have sufficient income

The additional costs for a specialist in Dangerous Driving will depend on the circumstances however they should not exceed £2000 (excluding the usual other costs for a traffic offence and obtaining police material)

No accident, no injury just acused of speeding and overtaking at a blind corner, however I have cctv that proves the police were a bit ott in the evidence and the corner and you cant overtake at the corner because of a traffic island, the stupid cops missed that.

Would need to read their statements and visit the location
There would then be the clearance distances between the vehicles to consider, plus if the vehicle you passed was required to brake in order for your vehicle to maintain clearance for the traffic island
However, if you over-reacted for the traffic island in order to keep left of it, then that immediately heads into Careless or Dangerous Driving

Equally, if overtaking on a blind corner is not something a competent would consider, then there are normally road markings to warn of or prevent this
However, speed can be a contributing factor, and the differential between the two vehicles

Compound these issues together...