Lawyers in Aberdeen have ended a year of industrial action as a “demonstration of collective goodwill” and in light of anticipated fee changes.
Last December, the Aberdeen Bar Association, which represents court lawyers in Aberdeen and the north-east, voted to withdraw from the duty solicitor scheme in a row over Legal Aid funding.
Duty solicitors are funded by the Legal Aid scheme and are available to provide advice to accused persons at court free of charge.
Usually, local solicitors carry out the roll on a rota basis but for the past year, lawyers in Aberdeen have withdrawn from the scheme in a row over pay.
But a promise of fresh investment in Legal Aid, to the tune of £11 million, from the Scottish Government has led to progress in the dispute.
‘Unprecedented decision’
Ian Woodward-Nutt, vice president of the Aberdeen Bar Association, said: “There are numerous areas of work that court solicitors in the north-east of Scotland cannot or will not cover under the existing Legal Aid regime.
“To do so effectively requires beleaguered firms to subsidise the justice system.
“For example, it is nigh on impossible to find a Legal Aid lawyer in Aberdeen who is prepared to take on family, guardianship or other civil areas under legal aid.
“Of even greater concern, particularly for vulnerable victims of domestic crime, most criminal solicitors will not accept instructions in certain domestic abuse criminal prosecutions under Legal Aid as the work involved is so protracted and sensitive in nature that it cannot be properly carried out under the restricted block fee payable by the Legal Aid board.
“In December 2021, members of Aberdeen Bar Association, together with numerous other bars across the country, voted to withdraw from the sheriff court duty scheme in protest at the inadequate provisions for what is amongst the most challenging work carried out by legal professionals.
‘Nowhere near addressing this crisis’
“This unprecedented decision was reflective of the collective dismay at the failure of successive governments to address the underfunding of criminal Legal Aid and the resulting exodus of practitioners from the profession.”
In the meantime, the role of duty agent has been carried out by lawyers from the Public Defence Solicitors Office (PDSO).
But now, as of the beginning of 2023, Aberdeen solicitors are set to end the industrial action and rejoin the scheme.
Mr Woodward-Nutt said: “As a demonstration of our collective goodwill and in anticipation of fee changes for duty work, solicitors in Aberdeen have taken the decision to return to the duty scheme.
“We hope that such a constructive approach will result in commitments made by the Scottish Government being implemented without further delay.”
A Scottish Government spokesman said: “We welcome that the Aberdeen Bar Association will re-join the duty agent scheme following our recent offer to invest a further £11 million in Legal Aid.
“This is a total of £31 million in additional funding to Legal Aid providers since April 2021.
“We are committed to working closely with the profession on reforms to the legal aid system that will improve people’s access to legal services.”
However, Mr Woodward-Nutt emphasised this was only “part of the picture” and that there were still concerns about an exodus of defence lawyers over funding issues.
He added: “Recently announced proposed increases in Legal Aid rates go nowhere near addressing this crisis.”
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