60 seconds with… Peter Walsh, co-convener of the Legal Aid Committee

Peter Walsh, the Law Society’s Council member for Greenock, Kilmarnock and Paisley, has recently taken up the position of co-convener of the Legal Aid Committee.

In light of his new role, we catch up to discuss the real-time implications of the legal aid system and why legal aid matters to him.

Peter, can you start by telling us a bit about your career so far?

I trained at Jas Campbell & Co Ltd WS in Saltcoats. I qualified in 2009 and have remained at the firm since. At first I did a mix of everything as is usual for a high-street firm, but my focus during my training was court work. I mainly act in contact/residence cases and guardianships. I am also a child welfare reporter at Kilmarnock Sheriff Court as well as occasionally acting as a safeguarder in Adults with Incapacity cases. I was very pleased to become a Writer to the Signet in 2021. Jas Campbell & Co Ltd is 170 years old and I believe it is the only WS firm in Ayrshire.

You’ve taken on the role of co-convener of the Legal Aid Committee from the Law Society’s new president, Patricia Thom. Why did you decide that now was the right time to step up and take on this challenge?

I have been on the Law Society Legal Aid Committee since 2022 and I am also a member of Council. Being on Council and the committee has been very rewarding so far, especially dealing with areas of law that affect people’s day-to-day lives. I was pleased to be able to take on the challenge of the role of Civil Legal Aid co-convener upon Pat stepping down. I felt this was the next step for me and that I was well placed to take on the job. Pat was an excellent co-convener and dealt with many challenges with legal aid matters during her time on the committee. I hope to be able to put the experience I have gained on the committee and as a practitioner to good use during my time as co-convener. It is certainly an interesting time to take up the role and my first few weeks have been very busy.

In Patricia’s recent evidence session to the Equalities, Human Rights and Civil Justice Committee in relation to its Civil Legal Aid Inquiry, she warned them of the looming “cliff edge” for legal aid provision. As a solicitor who is very close to the issue, what have you seen as the real-time implications of the current legal aid system?

I work within the jurisdiction of Kilmarnock Sheriff Court and we are relatively lucky in that there is still reasonably good provision of civil legal aid locally to help people with family law matters and guardianships. However, during the time I have been working I have seen a decline in the availability of legal aid and even the firms that do still offer legal aid might only carry out certain types of work. There are legal aid deserts in other parts of the country and that is an increasing problem.

There was a recent, well-publicised news story detailing how a member of the public was unable to find a solicitor to act for them on a legal aid basis, despite contacting 116 firms. We have had enquiries from people based all over the country asking if we could take their case on. That is something that I can’t recall ever happening until the past two or three years. Everyone in Scotland should be able to instruct a solicitor within a reasonable distance of where they live, especially for family cases. That is not always possible now on a legal aid basis. This is the reality that members of the public are facing and the only solution is a better system and better funding. The recent fees increase offered by the Government for criminal legal aid does not come close to resolving the crisis and was rejected by the Scottish Solicitors Bar Association (SSBA) and the Law Society. There has been no offer of an increase for civil legal aid yet and that is something we will continue to press the Government on.

I think it is fair to say that no solicitor who does work on a legal aid basis expects to make a fortune. But it is reasonable for them to expect to be able to run and operate a sustainable business by doing a majority of legal aid-funded work. Many firms can offer legal aid because they also have other areas of private paying work that help support the business, such as conveyancing and executries. Some firms rely principally on legal aid, and unless long overdue changes are made it is difficult to see how that will be feasible in the future. The legal profession want to be in a position to help clients through the most difficult times in their life. That is time intensive, and often requires work to be done urgently. Staff need to be paid accordingly.

One of the key concerns with legal aid is the lack of new solicitors seeing it as a viable career option. If the issues get addressed, what do you hope new solicitors will see in this career path and from your own experience, why would you recommend it?

I would certainly hope new solicitors will see this type of work as a highly rewarding career path. Firms which offer legal aid will usually be doing the type of work that will provide a very good opportunity to get a lot of experience very early on, especially with direct contact with clients, other colleagues and in court. I would recommend this as a career because it offers the ability to help people resolve problems that can change their lives. The demand for solicitors to represent clients in court is always going to be there. The experience of appearing in court is both challenging and rewarding.

The Law Society is currently running the campaign #LegalAidMatters to highlight why legal aid is instrumental to a fair and just society. It seems fitting then that I ask, why does legal aid matter to you?

The work that legal aid solicitors do is fundamental to the functioning of a fair and just society. If there is no one available to help represent clients, then they are not going to be able to pursue contact with their children. They will not be able to obtain an interdict against an abusive partner. They will not be able to apply for a guardianship for an incapax relative. This has knock-on effects for the most vulnerable, such as survivors of abuse, children and those who suffer an incapacity. If the legal aid system is not improved, then there is a risk of all of these issues causing significant problems for society, which could create costs for the Government in other areas. On the criminal side, it is imperative that those accused of a crime have access to the legal representation when they need it.

Finally, what keeps you busy outside of work?

I am very interested in history and I am a member and former trustee of the Ardrossan Castle Heritage Society. If you are ever travelling through Ardrossan, perhaps to go to Arran – the castle hill is well worth a visit. I also have lots of nieces and nephews to help look after. I enjoy working in my garden and going to the beach in Ardrossan, which has lovely views of Arran and usually very good weather!