Viewpoints: November 2023

Claire Gregory’s thoughtful article, entitled “No LLB? No barrier”, (Journal, October 2023, 40) rightly illuminates the no-degree path to qualifying as a member of the legal profession in Scotland. 

Ms Gregory rightly points out the advantages and disadvantages of pursuing such a career route, and that this career route is so little known both within the legal profession and, more importantly, within the general population. Without doubt, this is a loss to the practice of law. As she herself exemplifies, those pursuing the no-degree path more often than not present, on admission to the legal profession, considerably greater experience of applying the law during their training than that of the law graduate. 

In this connection, it is worth mentioning that a number of our most outstanding lawyers, such as the late Edinburgh solicitor Dan McKay, for whom I formerly had the privilege of being personal assistant, came up by the Law Society of Scotland’s examinations route. Apart from which, when I was a university law lecturer, I formed the distinct opinion that the Society’s examinations tended to be a lot harder than those of the university. 

Ms Gregory also draws attention to the significant fact that nowadays undergraduates studying for the degree of LLB may have no intention of qualifying as advocates or solicitors. This situation is very different from that which obtained in my day. Then, the Dean of the Faculty of Law who interviewed me when I applied for admission as a law undergraduate, informed me that he would admit me only if I asserted that it was my intention to go on to actually practise law.

George Lawrence Allen, solicitor, formerly advocate, Edinburgh

In case anyone wonders whether the outlook for the legal aid sector has changed at all, Ian Moir (@IanMoir5) posted this on X (formerly Twitter): “Tried to instruct counsel today for a serious High Court case. Not a single senior counsel, senior junior or junior counsel available in #Scotland to accept instruction in a #legalaid funded case. The crisis I have warned about for over a decade is here. #DefendLegalAid”

Dean of Faculty Roddy Dunlop KC (@RoddyQC) posted in support: “Ian is right. There is a growing crisis. Recent changes in the law will mean more cases will be prosecuted. That may well be a good thing, but we need the necessary infrastructure – prosecutors and defence – to cope. It just isn’t there at present.”

Moir adds: “The system can’t cope now. When they get back to pre-Covid case levels it will be worse. Factor in recent decisions from the appeal court and it can’t end well.”

And in reply to the Dean of Faculty: “Roddy I am genuinely despondent at how the system can be saved and would welcome a joint approach with @FacultyScot and yourself in the hope of avoiding a total collapse of justice in #Scotland. There are not enough lawyers left and the incentive to leave the defence is huge.”

Will @ScotGovJustice respond? Roddy Dunlop has welcomed a “rapid response” from @SCTScourtstribs to a separate approach regarding a directive on solemn trials transferred from Elgin to Inverness. Can we gain cooperation over legal aid?