Report claims solicitors encourage ‘not guilty’ pleas to boost legal aid fees

Audit Scotland’s findings imply lawyers are insisting clients go to trial “for the money”.

Legal aid officials have said they will investigate the duty solicitor system in the courts and police stations as part of a review but do not believe that it is a significant problem.

The report, a supplement to the watchdog’s main report, compiled findings of focus groups with offenders and others.

An Audit Scotland spokeswoman said: “To capture the views of a variety of individuals who had experienced the sheriff court system, we commissioned a series of focus groups and interviews with a small sample of victims, witnesses and offenders.”

The supplementary report states: “It was suggested by some participants that this was a money-making ‘scam’ by solicitors, in order to earn additional fees by prolonging the process. Others noted that they had pleaded not guilty on the advice of their solicitors, and had regretted this, potentially losing the opportunity for a discounted sentence.”

One participant added that “solicitors want you to go to trial for the money”.

Audit Scotland said the cost of later guilty pleas is about £23 million to taxpayers. There were over 20,000 later pleas in the sheriff courts in 2014.

A Scottish Legal Aid Board (SLAB) spokesman said he did not think this approach was widespread amongst solicitors.

He added: “Ministers have asked SLAB to look at the management and administration of the court and police station duty schemes. We will be looking at both fee structures and the required standards of service.”

Where a client pleads guilty a duty solicitor is paid £70, or £63 where they plead not guilty.

However, if a not guilty plea leads to a summary case in the sheriff court, solicitors are entitled to £485 in fees.

A lawyer will still be paid £242 even where the client pleads guilty in court.

Proposals for lower legal aid fees for solicitors taking on appeals were rejected by the Scottish Parliament’s Justice Committee following threats of a boycott of the Sheriff Appeal Court in Edinburgh.

Stephen Biggam, a member of the Law Society of Scotland’s criminal legal aid team, said: “We don’t believe the highlighted small study sample of a group of 32 offenders is an accurate representation.

“The solicitor’s primary duty is to ensure the individual makes the best decision at a very stressful time and the financial implications for them are not a factor in the decision-making process.”