The legal aid system will “fall over” if Scottish ministers fail to invest in trainee solicitors, it has been claimed.

Solicitors have raised concerns that young or new solicitors are turning away from the profession because of poor pay and work conditions.

Liam Kerr, the justice spokesman for the Scottish Tories, has warned the Scottish Government to ‘future proof’ the profession by reinstating its legal aid trainee fund.

He told The Herald: “I worry that the system will fall over at some point because we just don’t have enough people in it.”

READ MORE

A fund providing up to £1 million to support 40 new legal aid trainees opened in June 2021 by then justice secretary Humza Yousaf.

It was brought in to recognise the challenges facing the sector - but it has never been renewed.

To qualify, firms had to have at least 20% of their business come from legal aid work and trainees were required to spend the majority of their two-year programme on these types of cases.

The scheme was hailed at the time for its efforts to incentivise firms to take trainees on.

The Scottish Government has said the current investment for trainee solicitors runs up to March 2025, with an evaluation to take place regarding future funding.

But those who came in on this scheme will leave if they have not already do so, criminal defence solicitor Ian Moir warned.

Mr Moir, a Glasgow-based solicitor with Moir and Sweeney and co-convener of Law Society of Scotland’s legal aid committee, told The Herald: “People are leaving the profession and even those who came in through the trainee fund, if they haven’t already, will do so.

“They can’t see a future in legal aid, unless there’s a demonstration that the government are willing to invest in that future, that will continue to get worse which means those of us that are left are under pressure trying to cover more and more cases, which is a self-fulfilling prophecy that people will say they can’t do this anymore.”

His warnings come after The Herald’s legal aid investigation revealed almost a third of those offering the service are due to retire in the next 10 years.

Statistics like that have led Mr Kerr, a practicing lawyer, to express concern for the future of the profession.

“I fear we will end up in a situation where people cannot get justice and in any civilised society that is reprehensible,” he warned. “Justice cannot be preserved only for those who can afford it.”

READ MORE

The Tory justice spokesman said making the profession more attractive to new lawyers will be crucial to its survival.

Those on the frontline of legal aid work said new solicitors cannot compete with commercial firms operating in other areas of law or the taxpayer-funded Crown and Procurator Fiscal Service, which pays significantly higher salaries.

Mr Kerr said: “Criminal defence solicitors are being asked, because there are these almost deserts of people, to bounce between courts and sometimes they’re asked to be in two separate, completely disparate places at effectively the same time.

“Anything that incentivises firms to take on what is in effect a two-year commitment to a trainee has to be a good thing. If that gets cut though, we’re disincentivising people from going into the profession.

“The solution is about court and process reform to make it more attractive, the actual money that’s going into legal aid and trainee schemes.

“Legal aid is such an important area for our young people to go into. This is the foundation of our justice system and if that doesn’t work then it is to all of society’s detriment.

“The young lawyers coming through are really important.

“I worry at the moment that if you were coming through law school now you see oil and gas law, employment law and shiny and exciting. But we need to work on the perception of criminal law work in particular, highlighting that criminal defence work is really important and really rewarding.”

He added: “There is a crisis. And it’s not me saying there is a crisis – it’s the experts who know what they’re talking about. But from what I can see, they’re right.”

READ MORE

Liam McArthur, the justice spokesman for the Scottish Liberal Democrats also raised concerns justice would become a “postcode lottery” in rural areas if the Scottish Government did not take urgent action.

“I believe attention needs to be paid to addressing the specific need of rural and island communities,” he said.

“At a very basic level, everyone should be able to access legal representation so that their rights are protected. Access to justice cannot be allowed to become a postcode lottery.”

A Scottish Government spokesman said: “The Scottish Government is investing £1 million in the current Traineeship Fund up to March 2025. 

“The outcome of an evaluation will help shape and inform any decisions with regards to a future Traineeship Fund. In doing so, we will also continue to have constructive and meaningful dialogue with our stakeholders, particularly the Law Society of Scotland. 

“It is vital that we ensure funding is targeted where it is most needed and that our decisions are backed by clear evidence of that need and value for money for the use of public funds in line with the Scottish Government’s Public Financial Manual.”