CRIMINAL defence lawyers have boycotted the courts due to a dispute with the Scottish Government over legal aid funding. 

It is not known exactly how many solicitors have taken part in the strike, but photographs show discarded black gowns outside Sheriff Courts in Glasgow, Edinburgh, Kilmarnock and Dumbarton, amongst others.

Defence solicitors have claimed that only £2.3 million of the £9m fund, earmarked for firms to mitigate the effect of the pandemic, has been paid out over the past five months and only to 25% of applicants. 

It came to a head yesterday when tweets started to appear under the hashtag #GownsDown. The Scottish Solicitors Bar Association (SSBA) said that they had spoken to Justice Secretary Humza Yousaf over the issue on Sunday but as they were given no clear assurances the fund would be distributed - the strike would go ahead today.

The National:

It is understood that solicitors are unhappy that a traineeship fund promised to bring in young solicitors to criminal legal work, that was promised last year, has not materialised.

A source said: “This is on top of decades of underfunding of criminal legal aid, while at the same time putting £60m-plus into Crown Office. At the same time, due [to] the very lack of business caused by the pandemic that has put us in this state, the legal aid board saved £21m in legal aid payments. 

“We are just asking for a bit of fairness.”

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President of Law Society of Scotland, Amanda Miller, said: “Legal aid solicitors have felt disrespected and ignored by the Scottish Government for years. When Ministers announced a new £9m legal aid support package last December in response to Covid, it was hoped this marked a change in attitude and a more positive approach. 

“Yet five months on, most of the promised money remains in a Scottish Government bank account as legal aid solicitors sit wondering if their firms will survive the week.
“We warned government that its harsh and rigid criteria for support grants would mean money would not reach those who desperately need it. Regrettably, this is exactly what has happened. 

“It is why so many solicitors now feel they have no choice but to act to make the government change course and amend the way firms can get financial support. Ministers need to listen and act fast.”

Photographs of discarded black lawyers robes outside of Sheriff Courts in Scotland were shared widely today. 

One photograph, from the Edinburgh Bar Society, showed a completely deserted room from inside the court. They said: “Usually a busy hive of activity at this time on a Monday morning, this is the Edinburgh agents’ room just now. This type of sight is going to become more and more familiar if @scotgov @ScotGovJustice don’t assist us. There is no justice without access to justice. #GownsDown.”

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Another photograph showed at least eight black gowns pinned to the front gates of Edinburgh Sheriff Court. 

In Dumbarton, gowns were hung over bollards outside the main door of the building. 
It is so far unclear how many court cases were affected by the strike today. 

A Scottish Government spokesperson said: “Our priority remains to maintain and support the important role in the Justice system of those delivering vital legal aid services in Scotland as we emerge from the pandemic.

“As well as delivering the first stage of an uplift to legal aid fees of more than 10% over the next two years, the Scottish Government launched a resilience fund to support legal aid solicitors.  We received 288 applications – representing fewer than half of the potentially eligible active firms - and have offered awards totalling circa £2.3 million.

“We are fully committed to providing support to the profession and are working as a matter of urgency to explore options for distributing all unallocated funds from the £9 million budget set aside for the resilience fund.

"The Justice Secretary held talks with the Law Society last week, where he confirmed he is committed to ensuring more funds are made available. He is happy to engage with Criminal Bar Associations and discussions with the profession are ongoing.”

The Scottish Courts and Tribunal Service (SCTS) have been contacted for comment.