I was given a behind-the-scenes look into Europe’s busiest court and was shocked by how deep the delays run for Glasgow’s solicitors. 

Glasgow Sheriff Court is often considered to be the busiest in Europe. Up to 2,000 service users pass through it each day.

This wasn’t a surprise to me. My time covering court as a journalist means I have spent a lot of time there and in courts across the country.

I have covered every type of case, from warrants being issued for footballers who skipped court appearances, to politicians being convicted of embezzlement and even major murder cases.

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Honestly? I didn’t think there was much more to learn. But I was quickly proved wrong.

Covering court, for me, was just part of the job. And while I appreciated the structure, I never found it to be a particularly enjoyable experience. Sure, there is the buzz of the case you’re covering and the importance of reporting on it.

But in reality, it’s something I’ve always found to be quite stressful — and I’ve always wondered if solicitors, clerks and those relying on the system to deliver justice, felt the same.

From the moment you walk in the doors of the court, whether that be at sheriff, high or court of session level, there are strict processes that rightly need to be followed.

That also means you are hit with delays almost from the get-go, from waiting in the long queues to have your bag scanned in a mini airport security process, to waiting in court while procurator fiscals and defence advocates pick over finer details before a trial can begin.

The stress continues as you navigate the confusing layout of the courts to find the specific room you need - Glasgow has 21, for example.

(Image: Colin Mearns)

Once you’re seated, you could be there for hours listening to legal jargon and making sure your shorthand notes have every essential detail.

But as part of the research for The Herald’s ongoing investigative series, I was given the opportunity to shadow Tracey Mulholland, a criminal and civil legal aid solicitor with Glasgow firm Murphy, Robb and Sutherland.

As I followed her around Glasgow Sheriff Court, what immediately struck me was the knowledge and compassion she had for every single one of her clients.

This never wavered. Not even as she waited in a line of eight other solicitors to see her clients in custody.

There was at least a half an hour wait per solicitor as two of the five interview rooms were out of order, having been vandalised weeks before.

I finally understood why court delays were so prevalent. If solicitors had to wait to see their clients they would not be able to be in court exactly when required, leading to frustrated sheriffs, fiscals and clients.

I met two of Tracey’s clients, both living with significant mental health conditions, who had found themselves in trouble with the law.

They were clients Tracey had represented on and off for years. She knew their stories inside and out — their challenges, family circumstances and even what brought them joy in life.

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Defence solicitors often tell the jury about these significant events that occurred in their clients’ lives, usually as a way to paint a picture of what led them down that path.

I have always wondered how lawyers are able to defend their clients so strongly, even when they’re accused of committing sometimes horrific crimes.

That day I spent in court gave me some insight.

Tracey had picked up the phone in the middle of the night, and on other occasions, while out with friends, as clients wanted to discuss their cases or had ended up in custody.

Why? I asked her. Why do you take the time to get to know the people you represent so personally, and more importantly why in your personal free time?

You might think the answer is obvious: she is being paid to be there.

Sure, that is true. But from what this series has shown us so far, solicitors like Tracey could double their salaries if they walked away from legal aid and into private criminal law.

It’s a choice many are making.

But Tracey wants to stay, motivated by the reason she studied law in the first place.

And, more importantly, she believes that access to justice is one of the most important rights a person could have. Guilty or not.

Often people accused of crimes are looked down upon. But not by Tracey. And no doubt not by her colleagues in legal aid.

The men she represented were seen and listened to for the human beings that they are. She heard what led them to their current situation and advised them on their next steps.

But she was also honest with them, letting them know that skipping court dates or ending up back in custody was highly likely to see them remanded until their next appearance.

As we walked through the court, she told me: “For some of my clients, I’m one of the most constant things in their life as their solicitor.”

I had never considered this. I knew many of the service users relying on legal aid were likely to be among the most vulnerable in society. But it had never crossed my mind how important their solicitor was to them.

Tracey went on: “Most of the people you’re dealing with, there’s a reason they are involved in the lifestyle they’re involved in and they’ve come to the attention of the courts.

“I think you do need to acknowledge that and put that before the sheriff in the mitigation for the bailout aspect.

“Part of that is doing your job and the other part is actually caring for your clients.

“These are people, there sometimes is this marginalised area in society that I think people dismiss and I just think that is outrageous.

“A lot of people will say ‘they’re not worth it, they’re in trouble again’.

“They might think that it’s not worth them having a good defence. I don’t believe in that.

“Everybody should have good access to justice. It doesn’t matter how much previous you've got or how problematic you have been in the past. You can’t just write people off.”

But with increasing strain on the legal aid profession, the ability lawyers have to do this will inevitably suffer, Tracey told me.

As president of the Glasgow Bar Association and vice president of the Scottish Solicitors’ Bar Association, she said she often had other lawyers coming up to her to discuss their own concerns.

The delays and shrinking ability for them to do their job were clearly at the forefront of their minds.

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Walking through the corridors of Glasgow Sheriff Court you are overwhelmed by the pomp and gravitas of the place. It’s almost inescapable.

Following in the footsteps of a solicitor like Tracey for a day, though, you realise the cracks in access to our justice system are in plain sight.

Our investigative series looks at the data behind this — solicitors withdrawing their services from legal aid or turning their backs on the profession all together, in desperate search for a better work life balance.

Underneath those cracks in the system, there are the most vulnerable in society. Those who without legal aid could not afford to access justice.

It’s victims, children and the poorest in our communities who need legal aid to survive in the years to come.