Scottish solicitors welcome legal aid fee uplift

Ministers said the hike formed part of a wider package of support, including funding for up to 40 legal aid traineeship places, and underlined the government’s “ongoing commitment to ensuring access to justice remains properly resourced.”

Many across the legal profession have repeatedly sounded the alarm over the legal aid system, warning that the number of legal aid solicitors is shrinking year on year, with people finding it increasingly difficult to access the essential service.

However, under the regulations laid before the Scottish Parliament, the across the board increase is set to come into effect from September, subject to Holyrood’s approval, with the new traineeships backed by £1.5 million in funding over two years.

This rise in legal aid has been agreed by the Law Society of Scotland and the Scottish Solicitors Bar Association (SSBA). With the 13 per cent rise applied, the criminal core fixed payment will increase from £572 to £646.36.

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The Law Society of Scotland's president, Patricia Thom, described it as a “significant” fee increase it had fought “long and hard” for, and said the changes will help stabilise the system while work on longer-term reforms remain ongoing via the independent fee review mechanism group.

“It has been widely acknowledged that inadequate fees are driving solicitors to stop taking on legal aid work,” she said. “While it would be better if fees went up tomorrow, this announcement gives solicitors a reason to remain in the legal aid system.

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“This increase for civil, criminal and children’s legal aid services gives much needed breathing space as we continue working with the Scottish Government to develop a regular fee review mechanism that will put access to justice on a sustainable footing.”

She added: “Just as important as retaining solicitors who are already carrying out legal aid work is the need to bring fresh talent into the sector. Scottish Government support for new traineeships has previously proven very effective, and we believe this new scheme will be similarly successful.”

Simon Brown, president of the Scottish Solicitors Bar Association, said: “These measures will go some way towards slowing the decline in the number of legal aid solicitors in Scotland following decades of underinvestment.

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“To have achieved this settlement when only six months ago the government was offering ten per cent over three years is a testament to the spirit and cohesion of the criminal bar in maintaining disruptive action in the face of considerable pressure until a resolution was achieved.

“We now look forward to playing a central role in the continued modernisation and improvement of the criminal justice system."

Siobhian Brown, minister for victims and community safety, said the latest planned uplift continued a “sustained pattern of investment” in legal aid.

She said: “Access to justice is a fundamental right and we want to ensure people get the help they need and that there are solicitors available to provide it.

“These reforms mark the biggest change to Scotland's legal aid system in a generation. This 13 per cent uplift, combined with our doubling of traineeship places and expanded digital support, demonstrates our commitment to a legal aid system that works for everyone.”