Exclusive:'Alarming shortage' of legal aid lawyers undermining access to justice

Pat Thom, vice-president of the Law Society of Scotland, said that without urgent action, the “fundamental right” of legal aid was in jeopardy, and stressed that lawyers across the nation are “deeply concerned” about the access to legal services for those people who need it most.

Writing in today’s Scotsman, Ms Thom, who is also the co-convener of the society’s legal aid committee, pointed out that with around a third of legal act practitioners set to reach retirement age within the next decade, and a shortage of trainees to replace them, the situation will “only get worse.”

She explained: “The consequences of this crisis will be far reaching. A breakdown in access to legal aid represents a breakdown in access to justice.

“Without urgent action to restore legal aid, many vulnerable individuals could be left without the means to defend their rights in court. Access to justice is essential for the functioning of a fair society, and we cannot afford to let this critical service slip into disarray.”

A Law Society of Scotland analysis of Scottish Legal Aid Board data shows there are currently 911 solicitors registered for criminal legal aid, a 16 per cent fall on the figure of 1,084 recorded in 2020.

Siobhian Brown, the minister for victims and community safety, told Holyrood last month that she was committed to legal aid reform within the next 18 months, but conceded it was “unlikely” that primary legislation would be brought forward this term.

Ms Thom, who will become the society’s president in 2025/26, highlighted the pressure facing lawyers throughout Scotland, and the impact of that on the quality of the service they can offer and their own wellbeing.

She said that even for those lawyers who are able to manage their workload, the provision of legal aid was “financially unsustainable,” with trial rates barely changing since the late 1990s.

“As a result of these challenges, many legal aid lawyers feel forced to choose between taking fewer cases or dedicating less time to each one,” Ms Thom added. “Neither option is good for those who need help, or sustainable to meet the overwhelming demand.”