Society Fellows speak out for legal aid

Around 20 of the Fellows of the Law Society of Scotland have signed an open letter calling for urgent action to ensure the future of the legal aid sector.

The group, all retired after between 25 and 50 years in practice, say they seek to use their knowledge and experience to support the profession in serving the public. They express their concern that access to justice through legal aid has significantly worsened over the past 20 years.

“Scotland is currently experiencing a crisis in legal aid provision which threatens the very core of justice”, the letter states. “There are more solicitors leaving the criminal defence and civil legal aid sectors than ever before, which puts access to justice and our whole justice system at the risk of irreparable damage.

“To address this, urgent action must be taken now to ensure there are still some independent criminal defence solicitors left in Scotland and that our citizens have access to civil legal advice and representation whatever their financial position.”

They highlight that despite recent uplifts, rates are over 50% lower in real terms than when the Scottish Parliament opened in 1999; while the Scottish Government's stated aim is to pay solicitors fairly for legal aid services, some earn below the minimum wage when carrying out legal aid work.

The letter continues: “It is of the utmost importance that access to justice, which we all take such pride in, remains a reality for future generations. Without legal aid practitioners, vulnerable accused people cannot rely on access to their own lawyer to defend themselves from prosecution by the state.

"People who need support for their debt, family and immigration cases but do not have the funds to pay will simply not be able to access the civil justice system and will have their rights eroded. There will be no equality of arms.

The upcoming spending review "must contain plans for significant investment in legal aid, or there is a genuine concern that the system may cease to provide fair and equal justice for all. For that to happen in our justice system in Scotland would be a source of much national shame".