“I am very pleased with the Minister`s commitment to increase legal aid by 3% in civil and penal matters. Current low wage rates risk discouraging lawyers from providing legal aid, leaving some of society`s most vulnerable people unable to get the specialized legal help they need and deserve. I am glad that the minister has heard these arguments and has responded to them. “We will continue to work with the Scottish Government, the Scottish Legal Aid Board and other stakeholders on the reforms needed to ensure Scotland has a legal system that we can be proud of and that works effectively for all who depend on it.” I thank Martyn Evans and the members of the Independent Review Panel for their work over the past year. This report provides a platform for further reform of the legal aid system in Scotland and we will consider its recommendations in consultation with judicial organisations, the legal profession and change partners. Angela Grahame QC, Vice-Dean of the Faculty of Lawyers, said: “The fundamental importance of legal aid must never be lost sight of and it is to be welcomed that this review reinforces the scope and benefits of the Scottish legal aid system. An independent review sets out a 10-year vision and 67 recommendations to ensure Scotland`s legal aid system is simpler, more user-centred and more flexible – as well as sustainable and cost-effective. “However, it is clear that while legal aid is to work for everyone, these issues cannot simply be resolved indefinitely. He also pointed out that legal aid has become an increasingly difficult issue due to tabloid media coverage.

Throughout his report, Mr. Evans seems to be much more concerned with cost than value. Of particular disturbing is that he uncritically cites Richard Susskind`s reference to “the universal tendency of modern-day clients and funders to expect their lawyers to produce fewer resources.” Much of what follows seems to uncritically recommend technological innovation, as an expected saving for public coffers is expected. This tendency to consider cost savings to the exclusion of all other considerations is emblematic of the approach of successive Scottish governments, both to legal aid and COPFS. “The current legal aid system in Scotland works very well compared to other countries. However, we need to make the system simpler, more flexible and fairer for those who use it and for hard-working lawyers and advisors. The Law Society also warmly welcomed the recommendation to establish an independent review system for legal aid fees. READ MORE: Scotland`s legal aid system is among the best in the world, says independent review Following calls for an urgent overhaul of Scotland`s mutual legal assistance system, the Law Society of Scotland has welcomed the report published today by Martyn Evans, which says Scotland needs to “rethink legal aid” and need a “fundamentally new approach”. The term “cynical” is used to describe the attitude of criminal counsel to technological innovation.

It might be more accurate to say that criminal lawyers have doubts about the benefits of technological change. Although Mr. Evans provides little evidence to support many of his claims, the Edinburgh Bar Association can point to several instances of inefficiency and unnecessary complexity. An obvious example is how logs are recorded in summary proceedings. The registrar registers the court order twice manually. The introduction of technology has led to two additional layers of recording that simply repeat what has already been done twice in manuscript form. The result is that the simplest of all disposals is recorded four times. Legal aid is a source of public funding that allows people to access legal aid.

The legal aid fees that a lawyer may charge are set within the Legal Aid Budget, which is administered by the Scottish Legal Aid Board. It is disheartening to read that, according to the focus group`s comments, Mr. Evans had “real concerns about awareness and trust.” It would be helpful if publicly funded legal aid were promoted as a benefit to the general public, rather than bowing to the negative misconceptions that many people have. In terms of quality assurance, Scottish legal aid lawyers have an excellent track record. We are subject to peer review and review by the Law Society of Scotland and the Scottish Legal Aid Board. None of these review systems reflects the utilitarian value for the judicial system as a whole of mutual legal assistance practitioners. We do not hesitate to conduct a review, but it should be accompanied by an appropriate explanation of our work and how we are audited. The review, chaired by Martyn Evans, chief executive of the Carnegie UK Trust, highlighted that Scotland`s per capita spending on legal aid is among the highest in the European Union, with both the highest volume and eligibility. Evans admitted he was surprised Scotland`s legal aid system was doing well internationally, but said it should not lead to complacency and he wanted to make it “one of the best services in the world”. The public consultation announced today will examine ways to make the complex legal aid system “more user-centred, flexible and valued as a public service” and will run until September 19. In the case of legal aid, it can be problematic to focus on the voice and interest of the user. The vast majority of our clients suffer from some form of vulnerability and would find it difficult to defend their own interests.

Accordingly, we welcome recommendations 5 and 6 on page 36 of the report. We agree that legal aid lawyers in criminal defence should play a central role in the planning of court proceedings and the strategic planning of the justice system. Many of the recommendations relating to strategic objectives relate to transfers between defence counsel and relevant authorities in the third sector. It is difficult to imagine how this could work in practice. This association is aware that a number of agencies have strict rules for recommending lawyers. These agencies should only be able to provide a list of local businesses registered for legal assistance, as it is easy to imagine potential conflicts when agencies start recommending individual businesses. Recommendation 37 suggests that “legal services oriented towards advisory services should be referred to the most effective firm or service based on the experience of the local advisory service”. When it comes to these consulting services, it is difficult to see how they are able to judge the most effective company in the region.

All law firms are audited and peer-reviewed, and if there are concerns about the competence of a firm or lawyer, this will be dealt with by the Law Society. “Lawyers work across Scotland, helping to ensure that members of their local communities, including some of the most vulnerable in our society, have access to the legal advice they need on a range of issues.