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Council accepts improved legal aid offer

7 Aug 06

Policy of non-co-operation with Executive called off after unopposed vote

The dispute between the Law Society of Scotland and the Scottish Executive over legal aid rates is over following a vote this afternoon by the Society's council to accept the Executive’s revised offer relating to solemn criminal legal aid rates.

A policy of non-co-operation with the Executive was voted through after Deputy Justice Minister Hugh Henry refused to improve the offer of an interim increase of 8% for court work and 5% for all other work, backdated to 1 December 2005. Many solicitors in local associations voted to boycott cases involving sex offences unless the offer was improved.

At a meeting between Society representatives and Mr Henry on 28 July the Executive's offer was amended to 8% for court work and 12% for other work.

The unopposed vote to accept the offer follows clarification of the conditions attached to the offer, and a recommendation by Oliver Adair, convener of the Legal Aid (Solicitors) Committee, that the council accept the amended offer.

The Society’s policy of non-co-operation with the Scottish Executive and Scottish Legal Aid Board on criminal matters will now be reversed.

Oliver Adair said: “I consider that the amended offer reflects a renewed commitment by the Scottish Executive to fair remuneration. It also reflects the Minister’s appreciation of the work done by the profession in ensuring the effectiveness of the Bonomy reforms in the High Court.

“I will continue to work with the profession to ensure that solicitors are properly remunerated for the work which they do.”

The Scottish Legal Aid Board has been conducting a review of legal aid rates following the Bonomy reforms, introduced in 2005, but the results have been delayed until next year.

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