SOLICITORS are turning down criminal trials in an escalation of a row over legal aid funding.

The Glasgow Bar Association announced on Tuesday its members were taking action in protest against a funding settlement from the Scottish Government it says “[falls] significantly far of what is required”.

Solicitors will refuse court appointments for cases where the accused is not allowed to represent themselves, said GBA President David Fisken.

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He added: “Defence solicitors by our nature want to assist the most vulnerable in society. We are being prevented in doing so by the refusal of those in power to listen.

“To refuse to represent clients shows how serious the situation has become, and represents an escalation in action, having previously refused to accept instructions to act at custody courts calling during public holidays.”

The dispute centres around how much lawyers are paid through legal aid to represent clients at trial with the Scottish Government accused of underinvestment in the sector and of having “dragged their heels over any increase in legal aid fees”.

While funding increased by 3%, 5% and 5% over the past four years, this did not address “years of underinvestment in legal aid”, said Fisken.

Both the Law Society of Scotland and the Scottish Solicitors Bar Association contacted the Government on November 12 to recommend a fee increase in line with inflation “was required to avoid firms going to the wall”.

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But they did not receive any proposals in response until three months later – which Fisken said were not adequate to face the scale of the funding crisis.

It comes after the Edinburgh Bar Association withdrew from the duty solicitor scheme in January over legal aid funding.

A Scottish Government spokesperson said: "

A Scottish Government spokesperson said: “The Scottish Government has acknowledged the important role of the legal sector throughout the pandemic. We have provided a 10.25% compound increase to all legal aid fees in the last 12 months alone. A new payment has also been created for attendance at designated holiday court sittings.

“In addition, we have provided £9 million in additional funding to the profession in the context of the Covid-19 pandemic, as well as establishing a £1 million fund to support traineeships.

"This amounts to a £20 million investment in legal aid since March 2021 in addition to a 3% uplift across all legal aid fees in 2019.

“We responded to requests made in January to quickly deliver increases in fees for some criminal work and have offered to consider any proposals on reforms to specific areas of civil work. 

"We have developed proposals which would provide a further £3 million for criminal fees and these were issued to the profession in February. We are very keen to engage further with the profession on making the progress sought by them.”