HUNDREDS of thousands of people will be left without access to legal assistance unless there is major reform of the Scottish legal aid system, lawyers have warned.
A report has revealed that the Scottish justice system is facing a "cliff edge" with many law firms no longer able to afford to undertake work paid for by legal aid.
The dire prediction of a looming crisis, potentially affecting thousands of both criminal and civil cases across Scotland, was made by solicitors who believe the system is creaking under increasing pressure due to cuts in the legal aid budget.
During the past five years the amount of legal aid paid in Scotland has dropped by almost £30m, while there has been a 40,000 fall in the number of eligible cases coming to court.
The report, commissioned by the Law Society of Scotland, found increasing numbers of solicitors are now turning down legal aid work as it is no longer profitable under the current system of remuneration.
Solicitors working on civil cases who rely on legal aid were said to be only paid for about two thirds of the work they carry out, while a quarter of the work done by their colleagues in the criminal courts is carried out for free.
Smaller firms were the worst affected, with some solicitors reporting that staff earned just £6.65 an hour under the current system, a level below the living wage.
The financial burden was blamed on ‘undue bureaucracy’ and ‘micro-management’ by the Scottish Legal Aid Board, as well as the poor rate of pay.
Eilidh Wiseman, President of the Law Society of Scotland said: "We are deeply concerned that people relying on legal aid to help them, whether facing unlawful eviction, resolving custody of their children, or defending a criminal charge, may soon be unable to find a legal aid solicitor because sadly many solicitors simply can’t afford to carry out this work.
"Every person in Scotland should be able to access the legal advice they need and have equal protection under the law, regardless of financial situation or status in society. The Scottish legal aid system needs an urgent overhaul.”
Solicitors who responded to the study expressed their "frustration" with the system, and said once they stop doing legal aid work they rarely return.
The problem is particularly acute among rural legal practices, where some firms have ceased offering legal aid to their clients.
There is also a risk that younger lawyers entering the profession see legal aid work as a dead end, meaning more work will be done by older solicitors, who will then retire without replacements coming up through the ranks leading to more gaps developing.
One lawyer who responded to the survey said: “We are unable to recruit anyone to carry out civil legal aid which is one of the main reasons we now do very little.
"Newly qualified solicitors know that there is no future in a career as either a family or criminal lawyer because these types of cases are funded in the main by legal aid.
"The criminal bar is growing older and in the next five years, I believe will come to a cliff edge when a vast number will cease to do the work due to legal aid rates or simply retire through age and there will be a massive shortage of suitably experienced solicitors to provide the public access to justice.”
Another added: “Fair remuneration is the main issue here. It is simply unacceptable to expect solicitors who are after all running a business to subsidise from other more remunerative fields of their business the provision of legal aid.
"Until a real effort is made to address this issue the legal aid system in Scotland is not sustainable in the long term.”
The report comes as the Scottish Government recently announced an independent review of legal aid which will be headed by Martyn Evans, CEO of the Carnegie Trust.
Ms Wiseman said: “Solicitors are highly skilled professionals and have a natural passion to help people and solve problems but excessive legal aid red tape is an obstacle preventing some solicitors from doing their job.
"We will work with the Scottish Government and the newly created legal aid review group to ensure Scotland’s legal aid system delivers for those who depend upon it.”
A spokeswoman for the Scottish Government said: “The independent review is taking a long-term and strategic look at the legal aid system. It will be for the chair and review panel, which includes the Law Society of Scotland, to determine the issues and topics they wish to consider.
“We want to focus legal aid on those who need it most and have maintained access to publicly funded legal aid in both civil and criminal cases. "The independent review is about ensuring there is a flexible and progressive system that is sustainable and cost effective.”
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