The Law Society responded to the government’s consultation on a new Legal Aid (Scotland) Bill with a submission broadly supportive of the proposed approach to reform.

It has identified two key priorities for reform if Scotland’s legal aid crisis is to be resolved:

• Simplification to significantly reduce the complexity and administrative burden associated with the Scottish Legal Aid Board.
• Sustainable fees – reforms must include an independent statutory mechanism for reviewing and uplifting fees.

Law Society of Scotland president, Serena Sutherland, said: “We’ve carefully considered the issues raised through this consultation and outlined the key changes that must be pursued for the sake of vulnerable people who need legal support and the solicitors who can help them.

“The two most fundamental problems with the current system are that it is needlessly confusing and complex, both for clients and the solicitors who help them, and that legal aid fees consistently fail to reflect the time and expertise being provided.

“The current complexity of legal aid makes it hard for people to understand what kind of support is available and whether they’re eligible to receive help. For solicitors, the administrative burden and regular challenges to receive payment are a further deterrent to taking on legal aid work at all.

“In relation to legal aid fees, years of underfunding and other pressures have made delivery unsustainable for many providers and contributed to legal aid deserts. This bill must ensure there is a mechanism for sustainable fees to be set and periodically reviewed.

“We will be providing the Scottish Parliament with ongoing encouragement and support on this important bill to ensure that our justice system is accessible to everyone, regardless of their personal or financial circumstances.”