Legal aid crisis in Scotland worsens

The Law Society of Scotland has released alarming findings regarding the state of legal aid services, with many solicitors contemplating an exit from the profession. As the survey highlights, a significant 41% of solicitors are either planning to stop their legal aid work within the next two years or are uncertain about their future in this area. This concerning trend adds to a growing narrative around the deepening crisis in access to justice across Scotland.

Currently, approximately 90% of legal aid work is carried out by smaller firms, typically those with fewer than 10 solicitors. The analysis suggests that a substantial portion of criminal legal aid cases is handled by organisations with only one or two solicitors, which raises questions about the sustainability of legal support for vulnerable populations. “This data is further confirmation of the deepening crisis for legal aid,” remarked Pat Thom, President of the Law Society. Thom emphasized the urgent need for action, noting that while awareness of the problem is increasing, many solicitors are considering leaving the field entirely.

Furthermore, the survey sheds light on “legal aid deserts,” revealing that about 5% of legal aid payments are made to rural firms, despite nearly 29% of the population residing in those areas. This disconnect exacerbates the already challenging situation for clients in need of legal assistance in remote locations. Many solicitors express a moral obligation to provide legal aid due to the limited alternatives available for their clients. However, the looming retirement of around one-third of criminal legal aid solicitors within the next decade threatens to increase the workload for those who remain.

A solicitor providing legal aid services anonymously commented on the difficulties of the current system: “The system is too time consuming [and] complex … I think 2025 will see a number of firms not re-register to undertake this work as the Government do not seem interested in fixing this.” Such sentiments underline the significance of the issues faced by solicitors and their clients alike.

In response to these challenges, Ms Thom has called for additional funding and for the removal of administrative barriers that deter solicitors from staying in the legal aid sector. Following her recent evidence at a Holyrood inquiry, she stated, “Solicitors have told us of the negative impact of legal aid work on their wellbeing due to high stress and effort for low pay. The huge number planning to retire or move into other work risks making it even more difficult for vulnerable people to access the legal help they need.”

As the situation continues to deteriorate, the Law Society urges support for its Legal Aid Matters campaign, which advocates for reform and encourages individuals to share their experiences with legal aid. The need for systemic changes to ensure accessible and adequate legal support for all individuals in Scotland remains critical.