The regulator for Scottish solicitors has said that the country’s legal aid system needs urgent investment if it is to survive in its present form.
The Law Society of Scotland warned that the system was too complex and under immense pressure. It called for more funding, less bureaucracy and a better use of technology.
Graham Matthews, president of the society, said yesterday that solicitors were struggling to take on legal aid cases, and set out several proposals for reform. The society told an independent review set up by the Scottish government that solicitors should get higher legal aid rates and that more of the work should be done by trainees.
It said solicitors needed the ability to manage cases online and use video conferencing for hearings and meetings, arguing that this would make savings on travel costs that could be reinvested into the legal aid system.
“There is a growing gap between those who need legal advice and those who can deliver it,” Mr Matthews said. “Legal aid is the basis of social justice and provides equality before the law, ensuring that everyone is able to resolve disputes and legal issues regardless of their social background or financial situation.
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“Under the current system, solicitors are finding it increasingly difficult to afford to take on legal aid clients, particularly in civil cases, and run a viable business, with those who do take on legal aid clients effectively unpaid for some of the work.”
Ian Moir, co-convener of the law society’s legal aid committee, said that access to justice had declined for people across Scotland.
“The decades-long lack of investment in legal aid alongside the complexity and high level of bureaucracy involved mean it has become increasingly difficult to maintain a sustainable, high quality legal assistance system,” he said.
Legal aid spending had dropped over two decades, he warned, as the costs of running a business rose. The 2016-17 budget was £127 million, compared with £132 million in 1994-95.
“Some of the criminal legal aid rates paid to solicitors haven’t increased in 25 years, with certain civil rates unchanged for 17 years,” he said.
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In February the Scottish government announced an independent review to ensure that legal aid met the changing needs of the justice system.
A spokesman said: “Over the course of that review, which is expected to last a year, an expert advisory group will be seeking views from a range of individuals and organisations . . . We will consider the best way forward once that review is concluded.”
Scotland’s total legal aid bill was £137.8 million in 2015-16, down slightly on £138.6 million in 2014-15.
A spokesman for the Scottish Legal Aid Board said: “Fee levels are a matter for the Scottish government. Different legal aid rates are paid for different kinds of work. We are currently involved in discussions with the Law Society about reform of the fee structures.”