Society paper proposes "root and branch" legal aid overhaul
"Root and branch" changes to Scotland's legal aid system are proposed in a Law Society of Scotland discussion paper published today.
Claiming that the legal aid system has not kept pace with changes to the wider justice system, the paper seeks to generate debate on how to improve publicly funded legal advice and services.
Introducing the paper, the Society's legal aid co-conveners, Mark Thorley and Ian Moir, emphasisie that their proposals are "only a starting point for discussion" and admit that there remain "divergent views" within their committees on some of the ideas. However, supporting the Scottish Government’s commitment to work with stakeholders in a positive spirit to address the serious issues raised, they call for Government, its agencies and the legal profession "to work constructively and in a spirit of shared understanding" to devise the best way forward.
Among the proposals presented are:
- streamlining the block fee system and introducing a single criminal legal assistance certificate to replace the current range of categories;
- reinvesting savings made in the legal assistance system;
- creating a system to encourage early resolution of cases;
- provision of affordable loans for civil cases, to replace the current client contribution system administered by the Scottish Legal Aid Board.
Alistair Morris, President of the Law Society of Scotland, said: “The current legal aid system is almost 30 years old. In that time there has been extensive change which has resulted in a system that is hugely complex, with even highly experienced solicitors reporting that they find it difficult to navigate.
“We don’t believe that the current system is fit for purpose and, with the ongoing reforms to modernise the wider court and justice system, the time is right for root and branch change. We need to rethink legal aid as a whole, and look at where efficiencies can be made and how savings can be reinvested to ensure that people can obtain legal advice when they need it most, regardless of their status or wealth."
Mr Moir, convener of the criminal legal aid committee, added: “We are becoming increasingly concerned about the real term decline in expenditure on legal assistance which has been ongoing for years. We believe that reinvestment of efficiency savings into legal assistance can deliver savings to the justice budget, to public services, the wider economy, and add value to both clients and communities.”
For the civil legal aid committee, Mr Thorley commented: “We want to generate discussion among solicitors and also invite feedback from other important stakeholders. We will continue to work with the Scottish Government and SLAB to bring about improvements, but are keen to involve other advice organisations such as Citizen’s Advice Scotland and charities including Scottish Women’s Aid and Shelter Scotland
“We recognise that in a challenging financial climate, there are ongoing pressures on public spending and that there are no easy solutions. Some of the ideas included in discussion paper may not meet with universal support; however the intention of publishing the paper is to be able to consider a whole range of options and to generate a full and frank discussion on the future of legal aid in Scotland.”
A spokesperson for the Scottish Legal Aid Board said: “As we said at the publication of our annual report last week, there is scope for simplifying and reforming aspects of legal aid.
“However, changes to legal aid must be made in the context of the wider reforms of the justice system and should not jeopardise access to justice for those who need it.
“With the Scottish Government, we will engage with the Law Society of Scotland, the Faculty of Advocates, other justice partners and the advice sector to look at delivering savings and maintaining access to justice for those that can’t afford it.”
James Wolffe QC, Dean of the Faculty of Advocates, commented: “Meaningful access to justice depends on the availability of effective and skilled legal assistance. We should be proud of the way that Scotland’s publicly funded legal aid system has helped to secure access to justice for people with legal problems of every sort, and any reform of the system should seek to improve access to justice for all who need it. I look forward to considering the Law Society's discussion paper in detail.”