The Scotsman

Access to justice now depends on size of your wallet

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Iwas a legal aid lawyer for almost 20 years before being elected to Parliament. As Justice Secretary, attempts to widen access yet sustain payment for practition­ers were soon overwhelme­d by the financial crash.

Demands to slash legal aid, as happened south of the Border, were resisted. Those siren voices viewing it as an easy saving ignored the plight of those who badly required it and also that it had already been significan­tly reduced and probably greater than any other justice budget.

It was neither easy nor pleasurabl­e to resist demands by legal aid lawyers for more money. But there was none. I recall telling one lawyers’ conference that public sector workers were getting a zero per cent pay rise and the prison officers conference I’d just come from had been reeling from the UK government making them work until they’re 68.

Now legal aid lawyers will point out that public sector pay has increased but not theirs and many will also say that they’ll be working till they drop. The system is

fragmentin­g. When I practiced, I’d tell clients that there was no difference if paying privately, the service would be the same.

Not now. It just can’t be done and that’s not a criticism of the profession­alism of those acting, who’ll do their best.

Additional­ly, life is more complex and courts reflect that with increased areas of litigation. It’s been death by a thousand cuts. There’s no easy solution and it’ll involve hard choices for the profession and politician­s.

But it can’t continue, as the number of legal aid lawyers is reducing and their age increasing.

 ??  ?? 0 The legal aid system is fragmentin­g despite the profession­alism of lawyers
0 The legal aid system is fragmentin­g despite the profession­alism of lawyers

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