200 Years of the Law Society – A Moment to Reflect about Legal Aid

By Richard Atkinson, President of the Law Society of England and Wales

Legal aid seems as if it has always been a pillar of our justice system but, in reality, it was born only 76 years ago.

When the Legal Aid and Advice Act 1949 was introduced, four in five people were eligible for civil legal aid, enabling them to seek justice regardless of their financial means. By 1959, 10,000 solicitors worked in legal aid schemes ensuring the profession’s commitment to justice for all.

Yet, decades of legal aid underfunding have reversed much of that progress. Since 1986, successive governments have chipped away at legal aid drastically reducing the number of solicitors providing these services and the areas of law for which you can receive help. Millions were left unable to access justice. The numbers paint a bleak picture: in 2016, the number of legal aid providers had fallen by 37% compared to 2009. By 2018, at least one in three people lived in a legal aid desert with no providers to assist with housing issues. Since 2010, the number of civil legal aid cases has plummeted by 76%!

This decline is not just a crisis for the legal sector but a crisis for society itself. Legal aid is a public service that benefits us all, protects human rights and even reduces the burden on other public services. In a recent Law Society/YouGov poll, 89% of people said legal aid is important for those who cannot afford legal services. Yet, professionals who dedicate themselves to this vital work face declining pay and unsustainable workloads, driving many away from this area of the law.

Amidst this difficult reality, there have been some recent wins. The Law Society of England and Wales welcomed the government’s recent commitment to increase civil legal aid fees for the first time in nearly 30 years. Under the new proposal, civil legal aid rates will rise and an additional £20 million per year will be invested in the legal aid sector.

This is a long overdue step in the right direction and the Law Society has played a crucial role, but it is just that: a step. Years of underfunding mean that more investment is needed in more areas of legal aid to secure a truly sustainable future for this vital public service.

The government must build on this momentum. The justice system needs further investment if it is to serve everyone including those who cannot afford legal services.

Duty solicitor numbers for those facing criminal accusations continue to decline and urgent intervention is needed to maintain the fairness of our criminal justice system. The new government has an opportunity or rather a responsibility to ensure access to justice is not a privilege but a right.

As we celebrate 200 years of the Law Society, we must honour our past by future-proofing a fairer justice system. Legal aid must be further supported to ensure legal professionals can continue to serve. The legal profession cannot stand idly by as justice becomes an inaccessible luxury. Our fight goes on until justice is truly available to all.