Christine McLintock: Access to proper help is fundamental right

A recent poll showed 81 per cent public support for legal aid

The legal profession provides advice and assistance to guide people through some of the most important events in their lives. Access to quality legal advice and representation for people, regardless of financial means, helps tackle inequality, encourages early resolution of problems and protects fundamental rights.

We believe continued investment in our legal aid system is essential to ensure access to justice and that those providing legal advice and assistance are fairly remunerated.

There is strong public support for legal aid - research carried out by Ipsos Mori for the Law Society showed 81 per cent agree legal aid is a price worth paying to ensure a fair society, regardless of its cost.

The justice portfolio in Scotland has an annual expenditure of around £2.4bn, around 40 per cent of which relates to policing. Like all public sector funding, budgets are under real pressure. The legal aid budget has reduced from £161.4m in 2011 to £138m in 2014/15 with a target for 2016/17 of 126.4m. This will be less in cash terms than 20 years ago and, represents a 50 per cent cut in real terms over two decades.

While there has been continuing downward pressure on public finances and legal aid, more people are seeking legal help. A recent Scottish Government survey showed 23 per cent of people experienced at least one civil justice problem in the last three years

While we know public funding will continue to reduce, the legal aid budget in Scotland cannot be squeezed indefinitely. Fees for particular types of work, set in 1992, have not been revised since. Additional cuts would be extremely challenging for firms already struggling. Many cannot afford to take on trainee solicitors – a real threat to the future of access to justice in a country committed to improving social justice and equality.

Large numbers of firms are registered for civil legal aid, but for some types of work, for instance, enforcing child maintenance obligations, there are areas of the country in which provision is sparse or reliant on a handful of providers.

We responded to these strategic challenges in our recent strategy paper, Legal Assistance in Scotland: Fit for the 21st Century. It makes recommendations for reform, including developing models to encourage earlier resolution of cases, generating significant savings.

Other recommendations involve supporting technology in the justice system, from electronic disclosure in criminal cases, to wider use of video-conferencing, and development of a new case management portal for civil courts.

There have also been technological innovations in how lawyers interact with clients, such as using websites to open text chat, audio or videoconferencing sessions. Others have developed mobile apps to allow them to interact with prospective new clients.

However, technology takes us only so far. It helps people who are already capable of finding information to help themselves. Many vulnerable groups will either not have access to such technology or the skills to use it. They should not be deprived of access to legal advice.

We believe discussions about access to justice should be around early prevention rather than late intervention. Early intervention can help prevent homelessness, family separation, damage to future employability, community disruption, healthcare costs and other demands on public services.

It’s our responsibility as a humane society and humane profession to reduce the number of legal problems that fall through the cracks in our justice system. I believe the future of access to justice in Scotland will be about how we close that gap by helping to deliver better legal services to communities. I’m optimistic - not least because of the work that our members carry out on behalf of their clients, demonstrating the skills, commitment and professionalism of Scottish solicitors.

• Christine McLintock is President, Law Society of Scotland