Legal aid boycott call to Society

No opposition to special meeting resolution to end co-operation with Executive

News, 19 May 2006

Legal aid solicitors from across Scotland today called on the Law Society of Scotland to break off relations with the Scottish Executive and Scottish Legal Aid Board in criminal matters over broken promises on fees.

A special general meeting of the Society requisitioned by rank-and-file practitioners passed without opposition the motion: "The Scottish Executive having failed to honour the commitments to properly remunerate solicitors engaged in solemn work, the Society should withdraw all co-operation in criminal matters from the Scottish Executive and the Scottish Legal Aid Board."

Well over 100 solicitors packed the Society's offices for the meeting - more than sometimes attend the Society's annual general meeting.

The meeting was instigated by Wishaw solicitor Vincent McGovern, who said it was time for a stand to be taken in defence of a properly funded criminal justice system. The hourly rate of £42.20 had not changed since 1992 and even then it was well below the rate payable for private work.

He added that since devolution, solicitors had co-operated in making a "blizzard of reforms" work, particularly following the recent report by Lord Bonomy. The Executive had been quick to claim credit for the improved performance announced last week but it was solicitors that had made the reforms work.

Despite that, the Executive had failed to deliver improved rates promised by this year and the Scottish Legal Aid Board had repeatedly procrastinated and missed deadlines for a model to support block fees for solemn work.

For the Society, legal aid convener Oliver Adair said there was no doubt as to the strength of feeling in the profession and solicitors were only seeking fair and reasonable remuneration. He welcomed the fact that the motion left it open how the Society would take matters forward.

The Society's Council at its monthly meeting next Friday will consider the Society's next moves in response to the motion.