Law Society of Scotland says Scottish Parliament’s latest legal aid legislation will cause problems for solicitors forced to collect legal aid contributions

THE Law Society of Scotland has criticised the Scottish Parliament’s passing of the Scottish Civil Justice Council and Criminal Legal Assistance (Scotland) Bill, and reiterated its members stance that problems will be caused for solicitors who will be required to collect contributions from their clients, a function which should be clearly undertaken by the Scottish Legal Aid Board.

Commenting on the passing of The Scottish Civil Justice Council and Criminal Legal Assistance (Scotland) Bill, by the Scottish Parliament today, convener of the Law  Society of Scotland's criminal legal aid negotiating team, Ian Moir said: "We are disappointed that the Bill has passed without introducing a central collection system. This will cause problems as solicitors attempt to collect contributions from their clients and could have been resolved by the Scottish Legal Aid Board collecting in all cases.

"However, the Society's team which negotiated with the Scottish Government did achieve some key improvements. Some of the poorest people accused of a crime may not have to make a contribution now, including war veterans and disabled people on low incomes. The negotiating team also persuaded the government to remove police station advice and cases involving remand or custodial sentences from the contributions system, and that the threshold increases would not be funded by solicitors."

‘Lazy’ Legal Aid Board should collect all contributions, not solicitors, says Law Society of Scotland

The Law Society of Scotland has contacted all Members of the Scottish Parliament and predicted that legislation introducing a system of collection in criminal legal aid is likely to cause a series of difficulties and reiterated its view that the Scottish Legal Aid Board (SLAB) should collect in all cases where a contribution is owed.

The Society issued its detailed written briefing to MSPs ahead of the final parliamentary debate on the legislation which will introduce contributions in criminal legal aid.  The Scottish Civil Justice Council and Criminal Legal Assistance (Scotland) Bill will be considered by the Scottish Parliament for the last time on Tuesday 29 January.

The Society stressed that it was supportive of the principle of contributions and had agreed to a number of specific amendments to improve the legislation but highlighted a number of outstanding issues, particularly on the responsibility for collecting contributions where solicitors will be expected to collect in most cases.

Convener of the Law Society's criminal legal aid negotiating team, Ian Moir said: "We believe, have always believed and continue to argue that the Scottish Legal Aid Board should collect all contributions where they will be owed. Such a burden should not fall on individual solicitors.

"SLAB is by far and away the body best equipped to collect in criminal legal aid, just as it does in civil cases. The Cabinet Secretary has repeatedly told us that the principle of collection was non-negotiable. We do not believe the Scottish Government has presented a compelling case for solicitors collecting contributions and, as such, we remain fundamentally opposed to this part of the Bill.  We hope these views will be aired during the debate in the Scottish Parliament next week."

The Society has agreed to a number of amendments aimed at improving the Bill and additional regulations, including;

An increase in the disposable income threshold at which someone would be expected to pay a contribution, from £68 per week to £83 per week, reducing the numbers eligible for making a contribution by 30%

A guarantee that such a change would not be paid for through cuts to solicitor fees

The removal of certain benefits from income calculations such as disability living allowance and war pensions

The removal of police station advice and cases involving remand or custodial sentences from the contributions system.

Ian Moir added: "Thanks to the package of improvements which we negotiated, some of the poorest will be taken out of having to make a contribution altogether, including many disabled people and war veterans.  That package also means solicitors will have to collect contributions in far fewer cases.  In fact, some of the cases where it would have been virtually impossible to collect the contribution have been removed from the collection system altogether.

"Even with these improvements, the legislation is likely to create a number of practical difficulties, particularly with solicitors being forced to collect contributions.  This is not the Bill we would have ideally wanted and there is no doubt that we will have to revisit these issues in future."

Majority of Scottish solicitors vote to reject Scottish Government’s Legal Aid changes & contributions plan

PROPOSALS put forward by the Scottish Government to force solicitors to collect contributions from criminal legal aid claimants have been rejected by the majority of local faculties.

The Law Society of Scotland issued the following Press Release Law faculties give verdict on Legal Aid changes

Solicitors across Scotland have given differing verdicts on the Scottish Government's latest proposals for criminal legal aid contributions with most faculties rejecting the package of changes.

Faculties and Bar Associations had been asked to consider an amended set of proposals which had been negotiated by the Law Society, the Scottish Government and the Scottish Legal Aid Board.

12 faculties have so far responded directly to the Society.  Six voted against the package - Banff, Dumbarton, Dunfermline, Edinburgh, Glasgow and Perth with six expressing support for the package - Falkirk, Hamilton, Highlands, Kilmarnock, Stirling and West Lothian. Whilst the Society has not heard directly from these faculties, it is understood that Aberdeen, Dumfries, Dundee, Alloa, Kirkcaldy and Paisley also rejected the package with Ayr accepting.

Commenting, President of the Law Society, Austin Lafferty said: "Whilst the latest proposals do not address all of our concerns, a number of local faculties did vote to accept the Scottish Government's latest proposals and felt it was likely the best deal available.  However, it is clear that many solicitors still feel unable to support the revised system of criminal legal aid contributions.  We need to respect those differing viewpoints.

"Our aim throughout has been to maintain a legal aid system that is fair, workable and protects the most vulnerable in our society.  The revised set of proposals include an increase to the threshold at which someone would be expected to pay a contribution and respond to some of the issues we identified around collection.  Whilst this package does not resolve all of our concerns, it proposes a fairer system than was originally put forward by Ministers.  As such, we will support amendments to the legislation and other regulations that deliver these material improvements.

"This whole issue has been debated for many months now.  There are clearly points of difference between the government and key elements of the solicitor profession, differences which are unlikely to be resolved.  In particular, we still believe that the Scottish Legal Aid Board and not solicitors should be collecting all contributions in criminal legal aid.

"The final debate on the Bill is planned for the next two weeks and it is for the Scottish Parliament to decide the final form of the legislation. We still expect a number of practical difficulties to arise from the Bill if passed, challenges which will show how the Society was right to have raised such serious concerns over the course of the last year.

"The Society will monitor the effectiveness of the new system and will not hesitate to seek further changes if necessary."

Law Society says MacAskill’s legal aid plan to impose financial contributions for criminal legal aid will lead to lawyers becoming debt collectors

Justice Secretary Kenny MacAskill wants to impose £68 disposable income threshold on criminal legal aid. THE Law Society of Scotland have reiterated it’s stance over Justice Secretary Kenny MacAskill’s plan to introduce a 68 a week disposable income threshold for making financial contributions to criminal legal aid. The Justice Secretary’s  plan has been widely condemned as yet another SNP restriction on access to justice & access to a fair trial, given that benefits payments are also to be considered as part of an accused’s disposable income.

The lack of availability of legal aid in criminal cases is already having an impact on Scotland’s criminal justice system, where Sheriffs are being forced to dismiss criminal charges against accused due to the lack of funding for a fair trial, reported earlier by Scottish Law Reporter HERE

The Law Society of Scotland issued a Press Release stating : Society holds firm on stance on criminal contributions to legal aid

The Law Society of Scotland today raised serious concerns over the detail of new legislation which introduces financial contributions for many of those receiving criminal legal aid.

Submitting its written evidence to the Scottish Parliament Justice Committee, the Society said the threshold at which contributions would become payable was too low.  It also argued that the Scottish Legal Aid Board rather than solicitors should collect the contributions to ensure a consistent system.

The Scottish Civil Justice Council and Criminal Legal Assistance Bill was introduced in May this year.  The legislation would establish a Civil Justice Council and introduce financial contributions for criminal legal aid for the first time.

The Society has consistently supported the principle of contributions in criminal legal aid but has raised a series of concerns over the detail of the Scottish Government's proposals.

Oliver Adair, the convener of the Society's legal aid negotiating team, said: "We agree that people who can afford to pay a portion of the cost of their legal aid should do, provided they can afford it. However the Bill proposes that the threshold for determining whether a contribution is payable should be £68 disposable income a week.  We do not believe that is a realistic amount from which to expect anybody to pay towards their legal costs. We also have concerns around some of the areas which would be included in disposable income calculations, such as disability living allowance and war pensions.  This would mean some of the most vulnerable people who rely on legal aid could have to pay a sizeable contribution towards the cost of their defence directly from their benefit payments."

In its detailed evidence to the Scottish Parliament Justice Committee, the Society also reiterated its objection to solicitors having to collect the contributions.

Adair continued: "The Bill as its stands would leave solicitors as unpaid public debt collectors. The Scottish Legal Aid Board is the obvious body for collecting the contributions.  After all, they already collect contributions in civil legal aid cases, and have procedures in place to carry out large scale collection of contributions.  Providing a central collection body ensures that there is a clear and consistent system and would match other jurisdictions operating centralised collections systems such as England and Wales, Canada and Australia."

The Bill also introduces a new Civil Justice Council whose responsibilities the Society described as 'significant and far reaching'.

Kim Leslie, convener of the Society's civil justice committee, said: "We are supportive of one overarching Civil Justice Council.  However we have serious concerns about the proposal to have only two solicitor members sitting on it.  There are currently ten solicitors on the existing Sheriff Court Rules Council and the Court of Session Rules Council, five on each.  There has been no cogent reason put forward for the reduction of the solicitor membership to two. Solicitors are the largest group of regular court users and appear daily in Sheriff Courts across the country.   Their experience of the courts and procedures is greater than any other group of participants.  That is why we would like to see at least six solicitor members on the new Civil Justice Council."

The Society's full memorandum of evidence can be found on the Society's website  full memorandum of evidence

Lawyers should not become state sponsored debt collectors says Law Society of Scotland in wrangle over Criminal Legal Aid contributions

THE Law Society of Scotland has told the Scottish Government it’s members solicitors should not be made responsible for collecting contributions from clients in summary legal aid cases, a duty many see as being the domain of the beleaguered Scottish Legal Aid Board (SLAB), the body which is responsible for Scotland’s £150 million pound annual legal aid budget.

The Law Society of Scotland’s Press Release :

Society comments on contributions in criminal cases

Solicitors should not become state-sponsored debt collectors, the Law Society of Scotland claimed today, Thursday, 3 May, in response to the publication of the Civil Justice Council and Criminal Legal Assistance (Scotland) Bill.

The bill introduces financial contributions into criminal legal aid and makes changes to financial eligibility in criminal legal assistance.

The Bill includes a provision which would require individual solicitors to collect the contributions from clients in summary legal aid cases.

Ian Moir, a member of the Society's criminal legal aid negotiation team, said: "We absolutely agree that people who can afford to pay a portion of the cost of their legal aid should do, provided they can afford to do so.

"However, we have a number of serious practical concerns, particularly around how contributions will be collected.

"The collection of contributions for criminal legal aid should be undertaken by the Scottish Legal Aid Board (SLAB) and not by solicitors or their firms. The financial and administrative burdens on solicitors will be significant at a time when they are feeling the impact of the budget cuts which the Scottish Government made.

"More than 95% of contributions in civil legal aid cases are collected by SLAB, so it would be consistent for them to collect contributions in all criminal legal aid cases as well. We simply do not believe that solicitors should end up being large scale, state-sponsored debt collectors particularly when SLAB already has structures in place to carry this out."

In its discussions with the Scottish Government and SLAB on how the contributions system will operate, the Society understands that the regulations will only allow SLAB to pay the non-contributory element of the summary fee to solicitors.

The Society understands that solicitors will be expected to collect contributions in summary (less serious) cases, whilst SLAB will collect contributions in solemn (more serious) cases. The vast majority of criminal cases in Scotland are summary cases.

Moir added: "It is up to individual solicitors whether or not to act for any client, however that decision could be affected if a solicitor has to collect a client's contribution. Many solicitors do not have the resources to chase up additional unpaid bills."