Executive increases legal aid offer

Society to put to members offer of 8% for court work and 12% for other work

News, 28 July 2006

Deputy Justice Minister Hugh Henry has increased the Scottish Executive's offer of an interim rise for solemn criminal legal aid to 8% for court work and 12% for other work.

The minister met with representatives from the Law Society of Scotland today to try to resolve the ongoing dispute over fee rates.

Oliver Adair, convener of the Society’s Legal Aid (Solicitors) Committee, said that the minister had recognised the force of the Society's arguments.

Speaking after the meeting, he said: “We will be consulting the profession immediately and the new offer will then be considered at a special meeting of the Council of the Society on 7 August.”

This increase in payments would be backdated to work started after 1 December 2005. The Executive previously offered an increase of 8% for court work and 5% for other work.

Negotiations between the Society, the Scottish Executive and the Scottish Legal Aid Board on solemn fees have been ongoing for almost two years. A full review was promised in conjunction with the reforms introduced following the Bonomy report, but is still awaited.

The current rate for solemn work is £63 per hour for representing a client in court and £42.20 per hour for all other work. This must cover the cost of the solicitor’s time and overheads including the running of an office and salaries of other employees.

Court solicitors across Scotland had threatened to withdraw from representing sex offenders from 1 August because of the ongoing situation. This deadline was subsequently delayed until 1 September to allow talks with the Executive to continue.