'Significant' rise in lawyers' legal aid work fees agreed as Scottish virtual trials described as 'resounding failure'

The Scottish Government will provide a “significant” increase in fees for lawyers’ legal aid work, a minister has confirmed.

Community safety minister Ash Regan said further improvements would be made on top of a 5 per cent increase in fees as a senior lawyer told MSPs that virtual trials introduced during the pandemic have been a “resounding failure”.

Stuart Murray, vice-president of the Scottish Solicitors Bar Association, said virtual hearings hindered access to justice and detracted from the “solemnity” of proceedings.

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He spoke to Holyrood’s Criminal Justice committee on Wednesday, where MSPs were taking evidence on the Coronavirus (Recovery and Reform) (Scotland) Bill.

An advocate carrying his wig outside Edinburgh Sheriff Court. Picture: Jane Barlow/PA WireAn advocate carrying his wig outside Edinburgh Sheriff Court. Picture: Jane Barlow/PA Wire
An advocate carrying his wig outside Edinburgh Sheriff Court. Picture: Jane Barlow/PA Wire

Mr Murray said: “I have read commentary from sheriffs, sheriff principals and some politicians that it’s been a resounding success.

“But I can say, I think on behalf of the vast majority of the profession, it has been nothing but a resounding failure, unfortunately.”

Virtual hearings were “significantly detrimental” to the majority of clients in criminal cases, he said, arguing they could be more useful in civil cases.

The criticism comes with lawyers having repeatedly raised concern that Government funding is inadequate.

The dispute led to solicitors in Scotland’s three principal bar associations – in Glasgow, Edinburgh and Aberdeen – staging boycotts in a bid to force the Scottish Government to invest more money in legal aid.

Ms Regan said the Government had delivered a 10 per cent uplift in fees over a two-year period.

Discussions on further improvements are ongoing, she said, and the Government was due to bring forward a Bill on legal aid.

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The minister said: “In the shorter term, we are progressing proposals for reform in both solemn and summary criminal legal assistance.

“These proposals provide significant additional fees for criminal solemn and summary work.”

Criminal justice committee convener Russell Findlay said the Law Society felt the current changes would not affect a system that was at “breaking point”.

Ms Regan said: “I feel in general the Scottish Government considers the profession to be a partner.

“In access to justice, in running the courts system, and obviously because of the pandemic – addressing the backlog we have in the criminal courts.

“This is an attempt by the Government to demonstrate how much we value the profession by continuing to uplift the fees.”