Legal aid crisis to deepen with 41% of solicitors considering exit

A survey of Scottish legal aid solicitors has revealed further evidence of a deepening crisis in access to justice, with 41% of respondents either planning to stop legal aid work within two years or unsure whether they will continue.

The findings come from a Law Society of Scotland survey of smaller firms, with separate research confirming that around 90% of legal aid work is undertaken by firms with fewer than 10 solicitors.

The separate research is from analysis of information held by the Law Society consolidated with data from the Scottish Legal Aid Board. It also showed that nearly half of criminal legal aid work is handled by firms with only one or two solicitors.

The analysis also confirmed the extent of legal aid deserts, with around 5% of legal aid payments made to rural firms, despite 29% of Scotland’s population living in those areas.

Pat Thom, President of the Law Society, said: “This data is further confirmation of the deepening crisis for legal aid. Growing recognition of the problem is positive but with a significant portion of solicitors considering leaving, we need to stop talking and take action.”

The Law Society survey found many solicitors feel morally obliged to offer legal aid, in part due to a lack of alternatives for clients. However, with an estimated one-third of criminal legal aid solicitors due to retire within the next 10 years, the burden on those who remain will only increase.

Speaking anonymously, one solicitor who offers legal aid services 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.”

Ms Thom recently gave evidence at a Holyrood inquiry, outlining the need for additional funding and for the removal of administrative barriers that are driving solicitors away from legal aid work.

Speaking after her evidence session, she said: “Solicitors have told us of the negative impact of legal aid work on their wellbeing due to high stress and effort for low pay. The huge number planning to retire or move into other work risks making it even more difficult for vulnerable people to access the legal help they need.”

The Law Society is calling for support for its Legal Aid Matters campaign, which encourages people to share their stories of legal aid and urges Scottish Government to prioritise reform.