The Law Society of Scotland said more needs to be done to safeguard the future of civil Legal Aid, following the announcement by the Scottish Government that there is to be an increase in funding.
Justice Secretary Kenny MacAskill announced the increase at the Society’s Conference – The Legal Profession in 5 Years Time, today, Friday May 23, in Edinburgh.
Ranald Lindsay, Convener of the Society’s Access to Justice Committee, said: “We are encouraged that the Scottish Government has listened to concerns from the profession and taken them seriously. This rise in the unit level is long overdue - there has been no increase since 2003.
“Solicitors are having to make some very difficult decisions as to whether they can afford to continue to provide legal aid services, and it is not a decision which comes easily to those who have gone into this branch of the profession to help some of society’s most vulnerable people.
“Whilst this increase will make a difference, it might not be enough to prevent the growing number of law firms which are unable to continue subsidising this part of their business with other legal business and it might not be sufficient to attract firms back into legal aid to fill the advice deserts already existing in parts of the country.”
Many high street solicitors across Scotland have said they can no longer afford to provide legal advice to some of Scotland’s most vulnerable people.
Ranald Lindsay added: “In the past there was a network of firms across the country that was prepared to carry out civil legal aid work but that infrastructure is crumbling and the skills necessary to maintain it are being lost.
“Scotland’s citizens deserve a properly funded, modern and efficient civil justice system. There is no point in having a sophisticated system of law if the ordinary citizen can do nothing to protect the rights that the system has given them.”
He urged the entire legal profession had to unite to ensure that the justice system served everyone in Scotland and not just those who could afford it.
ENDS
23 MAY 2008
Notes to editors:
The Society carried our research last year into civil legal aid following a motion from the Family Law Association at the Society’s annual general meeting last year.
The research showed that 92% of respondents expect to withdraw from providing the service within four years, according to research published by the Law Society of Scotland.