Most civil legal aid firms planning to quit
26 Sep 07
Society's survey shows low fees and bureaucracy will drive out 90% in next four years
Nine out of 10 law firms offering to take on civil legal aid cases will drop the service in the next four years, a new Law Society of Scotland survey claims.
Poor rates of pay and the bureaucracy involved are cited by solicitors as the main reasons for the impending mass exit. Four-fifths of firms said that financial reasons would force their hand.
Out of more than 100 firms who responded, only 3% said they had increased their earnings from civil legal aid since the reforms to the system, which brought in the block fee structure, were introduced in 2003. Around 70% said their income had fallen.
Block fees are measured in units of £19. Lawyers claim this should be increased to at least £22-23 to restore the value of the unit when it was introduced.
Over the next year alone, 38% are likely to give up civil legal aid work, and 92% of respondents said they intended to stop within four years.
Family law work has proved particularly unsuited to the block fee system because of the time needed to deal with clients' particular circumstances. Some firms said they would do work only for the most vulnerable, chldren and adults with incapacity.
The research states: “Among civil legal aid practitioners, there is a strong feeling of dissatisfaction and disillusionment with the legal aid system. Due to the number of practitioners contemplating giving up legal aid work and the indication that new solicitors are not attracted to this part of the profession, there is concern over the future quality of service provision.
“While it may be overstating matters to say that the current system is in crisis, this report would indicate that without change it will be extremely difficult to ensure acceptable levels of access to justice in Scotland in the future.”
The research also includes the personal views of respondents.
One says the system involves “red tape and constantly jumping through hoops for little reward”.
Another adds: “Efforts must be renewed so that the new Scottish Executive is made fully aware of the rapidly expanding legal aid ‘desert’ outwith the central belt. Even within central Scotland, more and more firms are withdrawing from legal aid due to the current levels of payment… If funding is not forthcoming, the scheme will simply wither away. That cannot be allowed to happen in a caring legal system.”
Oliver Adair, the convener of the Society's legal aid committee, said: “There has been anecdotal evidence that previous reforms to the civil legal aid system were not working. We carried out this research to gather more concrete evidence.
“It is clear from the research that there is a serious funding problem which is causing access to justice issues – this needs addressed urgently. Solicitors are having to make some very difficult decisions as to whether they can 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.
The Scottish Government and Scottish Legal Aid Board have had fees under review but the Society is unhappy at the time being taken to conclude the review.