More than 400 solicitors withdrawing from legal aid schemes in just 3 years

Scottish Liberal Democrat justice spokesperson Liam McArthur MSP has today warned that the Scottish Government is not doing enough to reform legal aid in Scotland, as research by his party uncovered marked drops in the availability of legal aid across the country.

Figures obtained by the Scottish Liberal Democrats from the Scottish Legal Aid Board show that:

• Between 2021 and 2023, 439 private solicitors have withdrawn from court duty plans in towns and cities across Scotland;
• Between 2021 and 2023, 304 private solicitors have withdrawn from police duty plans in towns and cities across Scotland;
• There are now no private firms or solicitors on police duty plans in Aberdeen, Banff, Falkirk, Jedburgh, Kirkwall, Livingston, Lochmaddy  and Selkirk;
• There are now no private firms or solicitors on court duty plans in Kirkwall and Lochmaddy, while Banff, Fort William, Lanark, Lerwick, Lochgilphead, Portree and Wick have just 1 private solicitor, respectively, on a court duty plan.

In April, it was reported that the Law Society of Scotland had withdrawn from the Legal Aid Renumeration Project and Research Analysis Group, set up by the Scottish Government. A spokesperson for the Society explained that “[no] tangible progress has been made” and that they had “lost confidence in any positive outcome.”

Mr McArthur has previously raised the issue with the Minister for Victims and Community Safety in the Scottish Parliament, highlighting that if current trends continue, many rural and island areas could become so-called legal aid “deserts.”

Mr McArthur 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 either no or very 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.

“The Law Society’s withdrawal from talks must act as a wake-up call to ministers. They need to deliver meaningful reform of the legal aid system, rebuild confidence within the sector and ensure access to justice for everyone in Scotland wherever they live.”