Rural communities could become “legal aid deserts” after it was revealed more than 400 solicitors quit the scheme across Scotland in just three years.

Liam McArthur, justice spokesman for the Scottish Liberal Democrats, has warned the most vulnerable groups could be left without adequate access to legal aid.

Figures from Scottish Legal Aid, obtained by the Lib Dems, showed that 439 private solicitors withdrew from legal aid court duty in towns and cities across Scotland between 2021 and 2023.

In the same timeframe, 304 solicitors offering legal aid for those arrested and interviewed by police under caution withdrew their services.

However, there were 395 private solicitors on police duty plans as of March, and 530 on court plans.

The Law Society of Scotland told The Herald the legal aid shortages spreading across the country was due to funding constraints facing solicitors.

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Mr McArthur said rural and remote communities could be hit the hardest after the figures, seen by The Herald, showed there were now no private firms or solicitors on court duty plans in Kirkwall or Lochmaddy.

Towns including Banff, Fort William, Lanark, Lerwick, Lochgilphead, Portree and Wick have just one private solicitor, respectively, on a court duty plan.

There are also no private firms or solicitors on police duty in Aberdeen, Banff, Falkirk, Jedburgh, Kirkwall, Livingston, Lochmaddy and Selkirk.

Mr McArthur told community safety minister Siobhian Brown the situation could lead to "rural and island areas becoming effectively legal aid deserts".

He said: "Over recent years there has been a marked drop in the availability of criminal legal aid. Those who continue to undertake legal aid work are having to cover an ever-larger area. 

"All of this has the potential to harm some of the most vulnerable members of our communities.

"I am extremely concerned by the figures which suggest there are no or every few private solicitors taking part in duty schemes in rural and island areas.

"It highlights that those who live in these areas could be paying the greatest price for the Scottish Government's inaction."

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The minister has said the "flexible" scheme meant solicitors were able to travel across the country where needed.

However, the Law Society recently withdrew from the Scottish Government's legal aid remuneration project which was set up in 2022 to consider the future of legal aid fees.

In April, the law body expressed it had "lost confidence" in the Scottish Government project following a lack of progress in developing a review mechanism for fees.

Ministers were told many solicitors were ceasing legal aid work because the rates of pay offered failed to provide the "financial return necessary to justify the work involved".

Speaking exclusively to The Herald, Ian Moir, who is co-convener of the Law Society of Scotland's legal aid committee, warned the crisis will only worsen without a funding plan.

Mr Moir, who is also a legal aid practitioner with Moir and Sweeney in Glasgow, said: "These figures from the Scottish Legal Aid Board are sadly no surprise to solicitors doing legal aid work across Scotland.

"They reflect a daily reality where people, many of them among the most vulnerable in our communities, can't get the legal representation they need.

"The age profile of legal aid solicitors shows this trend will continue, and quite possibly accelerate. Many of us are approaching retirement age and younger lawyers are choosing not to work in this area or moving on after on a few years.

"We've been warning the Scottish Government for many years that its approach to legal aid is unsustainable and that things will continue to get worse without urgent action.

"We withdrew from the remuneration project earlier this year because it was going nowhere, however we remain ready to support any meaningful action taken to resolve this crisis."

Solicitors took industrial action in 2022 in a dispute over legal aid fees, with the Scottish Government stepping in with an £11 million package.

A second campaign of industrial action began in June over legal aid, with around 800 defence lawyers boycotting cases prosecuted under new domestic abuse legislation.

A Scottish Government spokesman said the figures provided by the Scottish Legal Aid board did not take into account the solicitors who joined duty plans or those publicly employed at the Public Defence Solicitors Office.

In total, there are 813 legal aid providers were on the register in 2020-21, down to 790 in 2023-24.

A Scottish Government spokesman said: “These figures are completely misleading as they only take account of the legal aid solicitors leaving the duty system, not those who have joined. The number of active legal aid solicitors has been broadly similar in the years 2020-21 to 2023-24.

“Legal aid is demand-led and the Scottish Government has met all costs. We have taken significant steps to assist legal aid providers through the pandemic and beyond, increasing legal aid fees by over 25% since 2019 to help firms retain legal aid solicitors.”