Lawyers paid less than minimum wage is creating a crisis of justice in Scotland

However, an alarming shortage of legal aid lawyers is putting this fundamental right at risk. Without urgent action, many Scots could find themselves unable to secure legal representation when they need it most.

Tens of thousands of people have no local access to a legal aid lawyer, and many more are covered by just a handful of firms. With one-third of legal aid practitioners set to hit retirement age within the next ten years and a shortage of trainees to replace them, the situation will only get worse.

We’ve spoken with lawyers around the country about the current situation; all were deeply concerned about the accessibility of legal services for those who need it most. Many spoke candidly about the pressure they are under and the impact it has on both the quality of service they can offer and their own well-being.

Lawyers’ work-life balance

Tony Burgess, a criminal defence solicitor in Aberdeen, detailed the harsh reality faced by many lawyers, saying the only way to provide representation to all those in need is to “give less [time] to each case, which impacts the service given to each person. Legal aid lawyers absolutely don’t want to do that, so they work 12-hour days to deliver the same standard of service and do right by those in need, but their own health and work-life balance suffers.”

This type of workload was common in the past, papering over the shortage of legal aid lawyers as earlier generations worked over 100 hours a week. But today’s law students and trainees have a much healthier approach to work-life balance. They see the impossibility of working normal hours and still making a living out of legal aid – so they choose not to do it.

Even for those lawyers who are comfortably able to manage their workload, providing legal aid is financially unsustainable. Martin Morrow, a legal aid lawyer in Falkirk, said: “The trial rates have barely changed since 1998, and we're currently paid less than minimum wage for the Justice of the Peace court. Sherriff court rates are unsustainable and if the trial doesn’t start or lasts less than half an hour, you’re paid nothing.”

A fair society

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. Neither option is good for those who need help, or sustainable to meet the overwhelming demand.

Mr Morrow flagged that 90 per cent of his firm’s cases fall under legal aid, and all but three lawyers in his area are approaching retirement. The crisis of capacity for lawyers is imminent. 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 to a fair society. We cannot afford to let this critical service slip into disarray.

Pat Thom is co-convener of the Legal Aid Committee at the Law Society of Scotland