As of 26 May, there were 1,122 solicitors registered to provide criminal and children’s legal aid, while 450 firms were registered for civil legal aid. Both figures have declined year-on-year for the past four years, a freedom of information request by The Herald has revealed.

In 2022, 1,281 solicitors and 551 firms were registered, representing a decline of 12.4 per cent and 18.3 per cent respectively since then.

The fall in numbers comes amid broader concern about the sustainability of the legal aid system. A recent Law Society of Scotland survey found that 41 per cent of 200 respondents either planned to stop offering legal aid within two years or were unsure if they would continue. In addition, one-third of solicitors currently providing criminal legal aid are expected to retire by 2035.

One legal aid solicitor, responding anonymously to the survey, said: “The system is too time-consuming and complex. I think 2025 will see a number of firms not re-register to undertake this work as the government do not seem interested in fixing this.”

While solicitor numbers decline, demand for legal aid has remained steady. In 2024, the Scottish Legal Aid Board (SLAB) received 176,667 applications, a slight drop from 177,124 in 2023, but up 9.5 per cent from 167,974 in 2022.

Simon Brown, president of the Scottish Solicitors Bar Association, said: “Our numbers have been decimated in recent years. The Scottish Legal Aid Board will tell you numbers on the criminal register have stabilised in the last few years at just under 800, but this is far from the complete picture.

“The number of solicitors SLAB was able to review for its criminal peer review mechanism [those who take six cases a year] is very low. My understanding is there are around 450–475 for the whole of Scotland, but around 150–175 of that number are doing 55 per cent of the work.

“The other major area of concern is the age profile of criminal solicitors. Around 60 per cent are aged over 55 and are likely to leave the profession in the next five to seven years.”

Law Society of Scotland president Pat Thom said the organisation was “concerned” but not “surprised” by the findings.

“These figures show why we have an access-to-justice crisis in Scotland, with many vulnerable people unable to get the support they need to navigate legal challenges whether they be related to criminal, civil or children’s matters,” she said.

“There is no sign of the exodus from legal aid work slowing and we are concerned it will accelerate further in coming years.

“The government’s actions are falling well short of what’s needed to stop the decline in availability of criminal legal aid representation, and the minister is doing even less to address an even sharper decline in firms offering civil legal aid and also a shrinking pool of children’s legal aid solicitors.

“We were extremely disappointed last week to be offered a below-inflation increase for some criminal legal aid fees, and nothing at all for civil and children’s legal aid.

“With nearly one in five civil legal aid firms dropping out of the system in three years, it is clear this crisis extends across all three categories of legal aid.”

Siobhian Brown, minister for victims, said: “The number of solicitors actively involved in criminal legal assistance has remained relatively stable for the last four years, with activity heavily concentrated among the busier solicitors.

“The Scottish government continues to meet all legal aid costs in full, with expenditure last year reaching £169 million, and a further £14.2m approved in this year’s budget to meet continuing rising costs.”

She added: “This is on top of the 25 per cent increase, amounting to £31m, which included a package of support during Covid-19 that included funding for the recruitment of legal trainees, we have delivered since 2019.

“We have announced action to make the legal aid system simpler and easier for solicitors and those who need legal assistance. This includes a review of legal aid fees that will help develop regular assessments to ensure the system remains fair and sustainable and delivers for the public purse.”