Law Society calls out flawed approach in legal aid consultation

The Law Society of Scotland has warned that proposed changes to legal aid fees for cases related to adults with incapacity (AWI) would further exacerbate the shortage of solicitors for such work.

The warning is contained in a submission by the Law Society on potential changes to legal aid regulations, including a proposal to introduce block fees for AWI cases.

Block fees provide a fixed payment for work in relation to a case, rather than a solicitor being paid on the basis of the time spent and complexity involved in working on a matter.

Peter Walsh, Co-Convener of the Law Society’s Legal Aid Committee, said: “Adults with incapacity cases involve one of the most vulnerable groups in society, so it’s vital that legal help is available to navigate what are sensitive and legally complex issues.

“Solicitors in Scotland are already underpaid for taking on AWI work, and moving to block fees would only make things worse. Access to justice for extremely vulnerable people will be further eroded if solicitors can’t afford to take on these cases.

“Block fees an entirely unsuitable system for paying for this work. We have spoken with a number of solicitors who currently offer legal aid for AWI cases and they told us the proposed fee would fall a long way short of covering the work involved.

“It is right that steps are taken to reduce the heavy administrative burden faced by legal aid solicitors, as this is driving solicitors away from the system alongside the low fees being paid. Block fees are the wrong way to simplify the system, particularly for complex cases.”