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I am confused over Legal Aid. Before going to see a solicitor today, I used the Legal Aid calculator on the government website. It said that I am entitled to Legal Aid.
However, when the solicitor did his calculations he said that I am £80 (month?) over. The government website said not to include housing benefit, but the solicitor took housing benefit off of rent.
The solicitor said he would ask the Barrister (senior partner in the firm I guess) if I can pay their fee out of the money I will be awarded when everything is over (I am supposed to be getting 2/3 of the value of the house, but xh has offered 1/3).
I assume that I would have to pay back legal aid from this anyway, so is there much difference whether I can get Legal aid or not?
Hi Louise, Just realised I never thanked you for your reply and advice.
I found a solicitor who was a bit cheaper than my original one. She gave me an estimate of how much the work would cost, but luckily for me my xh didn't put up a fight after being advised he didn't have much chance of winning his own way.
I had to pay £200 on account up front, and have been paying £150-£200/per month, which I have just about managed (so far anyway).
Well done Rosedragon for finding a cheaper solicitor and also congratulations on getting awarded 2/3 of the house.
I guess this next phase will be exciting looking for a new house?!
Yes there is a difference because clients on Legal Aid are usually charged a lower hourly rate than clients not on LA, so the final bill would be less (The funders of LA specify a maximum amount per hour they will cover, you see, and many solicitors have a "usual" hourly rate that is above that) As far as I understand it, if you benefit financially by the case ie if you get more than half the house, then you would be asked to pay the legal fees back to the Legal Aid people. I think what your solicitor is saying to you is that IF you are not entitled to LA then they might be prepared to do this anyway....but surely anyway you would not pay their bill until the end!! So the main difference is the cost. I think you should ask the solicitor for a written estimate of the costs then you will know what's what.