Do solicitors still have to complete the application twice? Does the system accept emergency applications without evidence of means? What happens if the client doesn’t return with the evidence of means?
No. Only one application request is required. The supplier indicates if it is an emergency and will get the option of supplying limited or full financial eligibility details. If limited financial details are provided, the supplier is required to submit full financial details within a period of time. If this is not supplied, the emergency certificate (if granted) will be dealt with as it is today, i.e. discharged, revoked.
I provided PACE telephone advice as a duty solicitor. I will not see the client again and do not have all mandatory details to submit my application. How do I get paid for the advice provided?
The PACE application request on LAMS has been designed to take circumstances such as this into account.
You will be asked to supply the Agency with the information you do have and where details are not available, to provide the reason why.
If your application is accepted, you will be able to claim for the work done in the usual way.
What is the process for representation (lower courts) emergency applications?
Where there is a requirement to notify LSA of an urgent hearing and the supplier is unable to provide evidence of full financial eligibility, suppliers will continue to submit a notification via the current dedicated email address.
When the supplier is in a position to provide the full details required by LAMS, they will then upload the notification form to the corresponding Representation (Lower Courts) application in LAMS.
Will the system facilitate interim payment of disbursements/costs? And if a case is transferred, will it show disbursements already claimed/paid?
The system facilitates interim payments made in line with statutory schemes.
A case transferred from one solicitor firm to another will not show disbursements already claimed or paid.
In the case of the EF1 - High Court bail, solicitors are currently notified almost immediately if it has been approved. Is there a mechanism via email where LSA will do that or will the approval via LAMS be as quick?
In LAMS there is one emergency process. When an emergency application is approved, an email is automatically generated to the supplier, alerting them that a certificate has been granted and is available on the supplier portal.
Can the emergency application be submitted without the declaration being uploaded?
Only where circumstances permit, such as bail applications.
How long after a PACE interview do you have to fill in the LAMS form?
The introduction of LAMS does not change the current rules on submission.
The supplier has three months from the date of the last advice to submit the claim for payment. However, if in the early stages an authority request is required for an extension of time etc. then the application will have to be made on LAMS to allow for an authority request to be made thereafter.