More equal than others: Legal aid crisis, Scots Law students and inequality in access to justice

Tomás Pizarro-Escuti gives a final year law student's perspective on the legal aid crisis and struggle for justice in modern Scotland. 

Imagine being arrested and facing a criminal charge or going through a bitter divorce. Perhaps you need a lawyer for situations as diverse as obtaining a protection order, navigating the Children’s Hearings system or challenging a government decision through judicial review. Or maybe you are a refugee seeking sanctuary due to persecution.

These are some of the situations covered by the legal aid system. Indeed, legal aid was designed to ensure that everyone, regardless of class and income, has real access to justice. Access to justice is arguably the most important of all rights because the exercise of this principle underpins the enjoyment of all others. It is, therefore, a fundamental human right, without which there can be no genuine democracy or effective rule of law.

“Legal aid desert”

Unfortunately, Scotland is experiencing a bleak legal aid crisis and far too many people are being affected. “Legal aid desert” is the term on everyone’s lips. Whole towns and cities are lacking solicitors on police station and court duty. Orkney is an exemplary case, where the number of civil legal aid solicitors plummeted from nine in 2000 to just one in 2025. In fact, in the whole country, in just two years, from 2021 to 2023, a staggering 439 lawyers withdrew from the legal aid solicitor registry.

It is unsurprising, then, that the public now hear disturbing accounts like that of a Highland mother of two: after enduring assault by her husband, she was forced to contact more than 116 law firms before finding a lawyer able to take her divorce case. Note that she was able to secure a solicitor only thanks to the financial help from her friends. The Scottish Women’s Rights Centre reports that, on average, survivors contact around 30-50 solicitors before finding someone to take their case.

The Law Society of Scotland is warning the public about the “complete collapse” of Scotland’s legal aid system within just a few years. This seems less hyperbole and more prophecy with each passing day. It has been estimated that one third of these lawyers will retire in the next decade. The problem is that there are not enough trainees steeping in to replace them. Why? — you may ask. There is simply not enough money.

Many legal aid solicitors are working under very strenuous conditions, are underpaid and overworked. They sometimes get paid less than the minimum wage for certain matters, such as attending the Justice of the Peace Court. Solicitors often find themselves in impossible situations, having to choose between taking on fewer cases or dedicating far too little time to each one. Needless to say, this unfortunate compromise not only undermines the quality of legal advice but also suggests we are not all equal before the law; some, it seems, are ‘more equal than others’. The pressure on the shoulders of legal aid solicitors is immense and this has not gone unnoticed by the Society, which has launched the #LegalAidMatters campaign.

The funding gap

At the heart of the problem lies not only the future prospect of being underpaid, but also a striking structural inequality that begins in law school – both of which deter future lawyers from pursuing legal aid work. The Diploma in Professional Legal Practice (DPLP) is a postgraduate qualification required to become a solicitor. Our profession’s ‘gateway’ is more of a golden gate for those who can afford it. The average DPLP fee is £10,200. While the Student Awards Agency Scotland (SAAS) offers £7,000 in tuition and £4,500 in living costs – figures that may seem reasonable at first glance – Scottish students face average annual living expenses of £12,000–£15,000, a sum that rises to £17,500 if studying in Glasgow. These conditions make it difficult for students to even consider doing the DPLP; even those who work long hours struggle to save up the money.

While generous commercial law firms fund their future corporate warriors, those hoping to serve the public interest are often forced to abandon their dreams. This issue could be solved by encouraging SAAS to fund the DPLP on the same basis as undergraduate degrees, just as it already does for students training to become teachers via the Professional Graduate Diploma in Education (PGDE). This would not only break down economic barriers but also safeguard equality in legal education.

A call for cultural change

In fact, I would like to go further than this; there is a whole legal culture that needs to be changed at universities. Deliberately or not, a system has emerged where students prioritise networking over understanding the law; planning the next law ball over visiting the sheriff court; corporate compliance over critical thinking; and appearance over substance. “My dad’s a lawyer” is frequently used as a badge of honour for self-promotion in a place that should value merit.

This elitism is exemplified by the inherently restricted access to the law. Much of the common law remains locked behind paywalls, even as more people are forced to represent themselves in court. The Stair Memorial Encyclopaedia, which comprehensively covers Scots law online, could democratise this knowledge if made open access. Yet today, you access it at the cost of £2,634 per year.

The solution to Scotland’s access to justice requires more than just increased funding, although that is certainly needed. We need a comprehensive reform: this means modernising the profession, making legal education accessible and ensuring that the law serves all, not just those who can afford it. The old pomp, the fancy robes and grey wigs make little sense to ordinary people when justice appears to be more of an ideal rather than a principle.

Written by Tomás Pizarro-Escuti, final year law student at the University of Aberdeen

Read the latest update on Legal Aid from the Society: Scottish Government’s legal aid plans fail to reflect urgency of crisis