Skip to content
Law Society of Scotland
Search
Find a Solicitor
Contact us
About us
Sign in
Search
Find a Solicitor
Contact us
About us
Sign in
  • For members

    • For members

    • CPD & Training

    • Membership and fees

    • Rules and guidance

    • Regulation and compliance

    • Journal

    • Business support

    • Career growth

    • Member benefits

    • Professional support

    • Lawscot Wellbeing

    • Lawscot Sustainability

  • News and events

    • News and events

    • Law Society news

    • Blogs & opinions

    • CPD & Training

    • Events

  • Qualifying and education

    • Qualifying and education

    • Qualifying as a Scottish solicitor

    • Career support and advice

    • Our work with schools

    • Lawscot Foundation

    • Funding your education

    • Social mobility

  • Research and policy

    • Research and policy

    • Research

    • Influencing the law and policy

    • Equality and diversity

    • Our international work

    • Legal Services Review

    • Meet the Policy team

  • For the public

    • For the public

    • What solicitors can do for you

    • Making a complaint

    • Client protection

    • Find a Solicitor

    • Frequently asked questions

    • Your Scottish solicitor

  • About us

    • About us

    • Contact us

    • Who we are

    • Our strategy, reports and plans

    • Help and advice

    • Our standards

    • Work with us

    • Our logo and branding

    • Equality and diversity

  1. Home
  2. For members
  3. Journal Archive
  4. Issues
  5. August 2019
  6. President

President's column

The change of Prime Minister has again raised the profile of Brexit; but this month we also mark the 70th anniversary of legal aid, and recognise all that it has meant to so many people
7th August 2019 | John Mullholland

A very warm welcome to August’s column. How wrong was I when I gloomily suggested the Scottish summer might have been over by the time you read the July column?

Of course, it wasn’t only the weather that heated up. The political mercury edged up just a bit further with Mr Johnson becoming the Prime Minister. This in turn has fanned greater speculation of a no-deal Brexit. The Law Society of Scotland is entirely neutral on political matters. The Society’s team continues to work tirelessly to keep everyone up to date about all potential outcomes, which is no easy task. However, on a practical level, whatever happens, deal or no deal, it appears at the moment that the UK will leave the EU on 31 October.

Leaving the EU will have consequences for us as solicitors. I know many of you have only ever practised as a solicitor while the UK has been a member of the EU. Membership guarantees certain rights for all EU citizens, and the existence of a predictable legal structure framed around established and largely stable institutions. The post-EU legal landscape for now is far from clear. What is clear is that it will be shaped by the advice that we give, the rights and obligations we identify and the outcomes of the cases we choose to litigate. There is no doubt we will have to look at this again in October, when we may have more clarity.

Legal aid at 70

In the Society’s platinum year it’s worth remembering that legal aid in Scotland is also 70 years old. The Legal Aid and Solicitors (Scotland) Act, having received Royal Assent at the end of July, came into force in August 1949. The white paper preceding the legislation said the aim was “to provide legal advice for those of slender means and resources, so that no one would be financially unable to prosecute a just and reasonable claim or defend a legal right; and to allow counsel and solicitors to be remunerated for their services”.

There can be no doubt that this was an extraordinary piece of visionary legislation. The country was in the grip of post-war austerity. When I was a child, Mum and Dad would quite happily regale the family with stories about rationing, which only ended in 1954. For the Government to provide a brand new source of public funding for legal services at the time was quite remarkable. It is impossible to estimate the numbers of people who have been able to enforce their legal rights when it might otherwise have been impossible for them to do so. Since legal aid was extended to criminal cases in 1964, there have also been countless people who properly secured their liberty because legal aid allowed them access to able and experienced defence solicitors. 

The law has developed in new and unimagined ways since the 1940s. The weight of burgeoning legislation imposing new obligations on the UK’s citizens means that the availability of legal aid has become more and more important. I am sure the lawmakers who felt legal aid was an essential service would be astonished at its scope today, and its budget, but I am also sure they would be immensely proud that the principle they enshrined in statute is still available today. It is important to pay tribute to those solicitors and others who have provided legal services with the benefit of legal aid, and to recognise the excellent and important work they have done and continue to do. It is also right to mention those who have administered legal aid – the Society itself, through its local legal aid committees, and then the Scottish Legal Aid Board. It is a formidable undertaking to ensure that public funds are properly expended to meet the purpose for which they are intended. It is important that everyone involved continues to work together to ensure the continued availability and success of this vital source of assistance to those who need it.

A final word

Thanks to those of you who have contacted me with suggestions about improvements we can try at the Society. Keep them coming. See you in September. 

The Author

John Mulholland is President of the Law Society of Scotland – President@lawscot.org.uk Twitter: @JohnMMulholland

Share this article
Add To Favorites
https://lawware.co.uk/

Regulars

  • Reading for pleasure - Aug19
  • Opinion: Tahseen Jafry
  • Book reviews - Aug 19
  • Profile: Nicola Johnstone
  • President's column - Aug 19
  • Lawyer for our rulers
  • Ask Ash - Aug 19

Features

  • Of practices and people
  • The kids are alright?
  • ACEs high or low
  • First lady of the law
  • Making ADR mainstream

Briefings

  • Short sentences to PASS away?
  • Supreme Court revises restrictive covenant test
  • Needing a top-up?
  • Group chat privacy
  • Equality: where there's a right…
  • SSDT - Aug '19
  • Reforming the law of standard securities

In practice

  • QLTR cash balance form revised
  • Sign up for 2019 legal walks!
  • Public policy highlights - Aug 19
  • FairBnB?
  • Society-Faculty training day
  • SETS upgrade – an update
  • SPA update
  • Master Policy renewal

In this issue

  • The Judicial Disappointments Board
  • Hiding in plain sight
  • Food for thought on the drug front
  • Salmon farming law must change
  • People on the move - Aug 19
  • Managing compliance to drive legal practice success
  • New practice area: financial services – asset management
  • Resilience: your flexible friend
  • Appreciation: William Denys Cathcart Andrews

Recent Issues

Dec 2023
Nov 2023
Oct 2023
Sept 2023
Search the archive

Additional

Law Society of Scotland
Atria One, 144 Morrison Street
Edinburgh
EH3 8EX
If you’re looking for a solicitor, visit FindaSolicitor.scot
T: +44(0) 131 226 7411
E: lawscot@lawscot.org.uk
About us
  • Contact us
  • Who we are
  • Strategy reports plans
  • Help and advice
  • Our standards
  • Work with us
Useful links
  • Find a Solicitor
  • Sign in
  • CPD & Training
  • Rules and guidance
  • Website terms and conditions
Law Society of Scotland | © 2025
Made by Gecko Agency Limited