And Justice For All

A quote from the Herald at the weekend :-

‘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.’

400+ lawyers quit the legal aid scheme in the last couple of years; untold numbers of others registered to provide a service actually don’t. They can’t because it often comprises working at a loss. Legal aid deserts exist in criminal and civil provision; an oasis of assistance is becoming increasingly rare. My office in Alva, Clackmannanshire takes calls most days now from desperate Scots as far afield as Skye, Inverness and Galashiels. The system is melting down. Issues from over a decade ago on the austerity slashing of fees paid for travel, promised to be revisited, but remaining unaddressed, only prolong difficulties unnecessarily. 

The reason for this is that legal aid fees are mainly far too low; block fees in civil cases mean that much work family and child lawyers like me do is unpaid. In criminal defence work fees are mainly also fixed and the longer a case takes the lower your hourly rate becomes. To add insult to injury salaries, holidays, pensions and prospects are far better working in a government job than in private practice. 

If you want to make a decent living in the law in Scotland, you’ll head for employment with the Scottish Government and start on a salary over  £40,000 straight out of university; or you’ll be a Reporter in the Children’s hearing system on similar money. You wouldn’t be a defence lawyer working in a legal aid practice when you can get hired by COPFS, be paid twice as much and enjoy the perks of pensions, holidays and the ability to work 9-5.

Twenty years ago lawyers like me could employ at least three staff per partner so school leavers could start as a junior and work up to becoming typist, secretary, PA; fees paid now militate against this and I know many colleagues who’ve had to make loyal staff redundant, close branch offices and generally do more with and for less.

The dearth of legal aid lawyers of course by definition comprises a reincarnation of Andy Wightman’s infamous phrase – ‘the poor had no lawyers’ – this is where we are in Scotland today. What that means is criminal cases are delayed especially sexual assault cases where accused are not permitted to cross examine a complainer; court time can be wasted as  party litigants don’t understand rules of procedure and run motions which the court has, in fairness, to hear but which have no chance of success. Failure to remunerate reasonably likely increases overall spend as a result. That’s plain when residents of, say, Inverness need to engage a lawyer from Glasgow whose travel time and mileage have to be paid by the Scottish Legal Aid Board (SLAB).

But if you need a lawyer and you survive on Universal Credit, your children are removed from your care and you want to fight to get them home – where do you begin ? 

You’re skint and accused of a benefit fraud which could lead to a prison sentence if convicted – to whom can you turn ?

Domestic abuse has almost broken you and you need advice while you reside in refuge – there’s two local lawyers who can provide this but one acts for your ex and the other is too busy ?

Addiction has struck you; not only have you mental health difficulties, but you’re not allowed to see your children and there’s a forthcoming trial for theft? Representation might make the difference between guilt and acquittal, life and death.

When you’re a legal aid lawyer dealing with cases of separation, arrangements for children, violence, abuse and trauma, your job isn’t what you anticipated whilst at Uni; it’s not LA Law – you’re expected to be a support worker, psychologist, friend, mentor, adviser, confidante; and clients don’t react positively to being told you’re there only to provide legal advice.

I recall two Sheriffs who used to preside well at Alloa; one described lawyers as social engineers; the other kept note of all addicts who’d appeared before him and died on his watch. Good men, the best of our profession whose views on legal aid, equality and justice would curl your hair. It’s plain to me that their values are not the values of Scotland’s current government and that’s a matter of deep regret.

The Scottish Government have been warned for decades that legal aid lawyers are leaving; they’ve signally failed to address this. It’s hard to avoid the conclusion that they just don’t care. I hope they prove me wrong. But tomorrow I’ll have a few dozen vulnerable clients to consult with, reassure and try to support – they’ll try my patience at times, some will cry, others shout, they all need and deserve help, for their sake, the sake of their families and because ours is at least nominally a modern civilised democracy. We have got to do better.