Strike threat may see abuse victims go to court without lawyer

Family lawyers are furious about the recent introduction of fixed fees for civil legal aid, which replaced itemised payments and an hourly rate for court work.

The Scotsman has learned that a number of family lawyers have called for strike action in the hope of forcing the Scottish Executive to change its policy.

Rachael Kelsey, chairwoman of the Family Law Association, said: "There is a strong feeling among family lawyers that this is coming to a crisis. Some members have said we will have to strike.

"We simply can't afford to do this kind of work anymore; my hairdresser charges more for hourly work than I get paid for legal aid work."

Many lawyers are refusing to represent families in divorce, child custody and domestic abuse cases in an escalating dispute over legal aid.

Next month, the association's 300 members will meet to discuss the option of an all-out boycott of legal aid work, introducing strike action for the first time in its 20-year history.

"We will hold a meeting to canvass views on the prospect of a strike. It would mean a ban on all legal aid work," said Ms Kelsey. "If you have someone who is suffering domestic violence, they would have to represent themselves in court against their alleged abuser.

"I'm currently representing a ten-year-old girl in a particularly difficult case. A strike would mean I would not be able to represent her. It would be heart-breaking to pull out of that case ... but if the association voted for a strike, I would not be a strike-breaker."

Lawyers warned yesterday that a range of sensitive court work would be placed in jeopardy and the most vulnerable clients, including children, would be let down.

A spokeswoman for Scottish Women's Aid said it was appalling that women should be forced to represent themselves in court. "The courts are not places for lay people," she said. "Family law is very complex and needs to be handled sensitively.

"These women won't know the law and to represent themselves could be hugely detrimental to their case."

In recent weeks, the Family Law Association has received more than 100 letters from members concerned about the rates of pay for legal aid work.

Family lawyers have cut the amount of publicly-funded family work they are prepared to carry out as they believe current legal aid payments are so poor.

Helen Hughes, a family lawyer in Paisley, said: "The fees we're paid simply do not reflect the amount of work done.

"In some cases, we're getting about 30 an hour for drawing up writs, appearing in court and speaking to very vulnerable clients. You're running at a loss when you take into account the rent and staff salaries."

A Scottish Executive spokesman said it was currently in negotiation with lawyers over possible changes to the fees for civil legal aid.