Tried to instruct counsel today for a
serious High Court case. Not a single senior counsel, senior junior or junior counsel available in
#Scotland
to accept instruction in a
#legalaid
funded case. The crisis I have warned about for over a decade is here.
#DefendLegalAid
My firm will not be a part of this fundamentally flawed pilot scheme and I have not yet spoken to a single defence lawyer who would. The accused cannot represent themselves at trial unrepresented. Maybe time to engage with the profession meaningfully?
My business partner
@psweeney1982
and I will not be party to this reckless โpilotโ. Removal of safeguards against
#miscarriageofjustice
seeking to increase convictions screams out the risks here.
Any LLB or Diploma students who are struggling to see the way into law during the chaos of
#COVID19
if you make contact I can put you on to young lawyers/trainees who are happy to advise you. Iโm sure
@Lawscot
can help too.
If
@psweeney1982
and I are part of the โsome criminal defence lawyersโ who have genuine concerns about the risk to a fair trial then I am proud of the principled stance said lawyers are taking to ensure the people of
#Scotland
retain the right to a fair trial.
Same issues in
#Scotland
. No proper investment in
#legalaid
means the backlog will only keep growing. Time on remand for people presumed innocent means they have to think of pleading guilty or spend longer on remand than the sentence served if they plead guilty.
#DefendLegalAid
Opening my instructions in a new case.
Allegation: rape.
Date of alleged offence: 2019
Trial fixed: Late 2022
My instinctive reaction: Gosh, thatโs quick.
Such is the state of our criminal courts.
Why wonโt the government act?
Sad to hear of more lawyers leaving the legal aid defence/civil bar because they see no future. Also redundancies kicking in even before the furlough scheme ends. Crisis looms unless
@Lawscot
are listened too when we explain how bad the situation is.
#DefendLegalAid
Hearing
@KateForbesMSP
saying on TV that key workers who have done such great work in Scotland should be supported. Legal aid lawyers kept the courts going at personal risk and created ways to improve the system. Where is our support?
#DefendLegalAid
End of an era today as I said goodbye to Ian Moir and Company after ten years but it was a proud moment to start an even better era sharing a new firm name with my top partner
@psweeney1982
! Excited to announce
#MoirandSweeneyLitigation
to you all!
Signing off after an hour long call with
@Lawscot
staff about how we stress to
@ScotGovJustice
and
@ScotsLegalAid
just how crucial support for legal aid firms is. The poor and vulnerable need access to justice. Without help they wonโt get it!
#DefendLegalAid
With respect, excluding independent lawyers from a court of law while allowing state employed lawyers access when they have no clients is an affront to justice. Those at the top better sort this urgently
@SCTScourtstribs
@SCTScourtstribs
@scotscrimbar
That being so, why were two solicitors from the PDSO, who had no accused asking for their services, allowed to remain within the building, or even allowed entry in the first place? 1/2
Great to see
@ScotGovJustice
Trainee Fund go live. Itโs taken longer than hoped but will make a huge difference to
#legalaid
firms and would be trainees alike. Now to get the Resilience Fund sorted and funds dispersed as the need is urgent and great.
@Lawscot_LA
@scotscrimbar
Roddy I am genuinely despondent at how the system can be saved and would welcome a joint approach with
@FacultyScot
and yourself in the hope of avoiding a total collapse of justice in
#Scotland
. There are not enough lawyers left and the incentive to leave the defence is huge.
Ian is right. There is a growing crisis. Recent changes in the law will mean more cases will be prosecuted. That may well be a good thing, but we need the necessary infrastructure- prosecutors and defence - to cope. It just isnโt there at present.
All
#legalaid
lawyers are asking for is what statute guarantees they are entitled to-a reasonable remuneration for the work they do. Rates that are decades behind inflation cannot be reasonable. Especially with inflation estimated at 12% this year. Pretty simple youโd think.
Several more experienced criminal lawyers leaving the defence bar this week. If
@ScotGovJustice
donโt act immediately it will be too late. The people of
#Scotland
deserve and have a right to meaningful
#accesstojustice
.
More money for the Crown and the court service to clear the backlog but zero additional funding of
#legalaid
. How do
@ScotGovJustice
@scotgov
expect that to deliver
#accesstojustice
and to encourage enough lawyers to defend those accused and to represent civil claimants?
Did I hear that right? ยฃ1.57 Billion to help the arts? As nice as some may find a trip to the theatre itโs no match for an experienced and able lawyer defending you on a serious charge. We wonโt exist soon if the powers that be donโt step in to help.
#DefendLegalAid
The last two female defence lawyers in a large jurisdiction like Airdrie have left to join the prosecution. This cannot be allowed to continue. There is no diversity and soon there will be no defence lawyers.
#DefendLegalAid
Thanks
@HumzaYousaf
for rearranging your day to speak to me asap about the Resilience Fund issues. Work now ongoing to fix the problems and get the money out to firms before itโs too late. Details to follow and need for urgency understood.
#Defendlegalaid
Lord Uist: Shocking provisions in new justice bill must be removed | Scottish Legal News The well reasoned views expressed here must be listened to and acted upon.
Long overdue pay rise to pay
@copfs
staff what
@ScotGovJustice
lawyers get paid. Meanwhile legal aid firms are losing all their young staff as we cannot remotely come close to competing with the sensible salaries available there. Massive concern regarding
#accesstojustice
So itโs Tuesday and thatโs at least another two young lawyers leaving the defence bar this week already to join the Crown. Backlog cannot possibly be cleared if this keeps up and there arenโt enough defence lawyers.
#Crisis
#DefendLegalAid
This is an absolute disgrace
@scotgov
@ScotGovJustice
. I and others have warned for years this was coming and here is one of the biggest and best
#legalaid
firms closing. In the capital city
#Edinburgh
. The cities will be legal aid deserts soon if you donโt step up and invest!
The clue is in the wording. These are everyoneโs rights which only exist if they can be enforced. If you donโt have access to the courts to enforce them you really donโt have them. Remember that when you see cheap attacks on them.
Yet again lawyers enforcing peopleโs human rights attacked. If we give up which the lack of proper funding for
#legalaid
could be seen as designed to achieve then there will be nobody to fight for those who cannot pay privately.
#Defendlegalaid
. Justice matters to all.
If you want to live in a democracy you need to have meaningful access to justice. Not theoretical access, but a state funded reality. Legal aid firms are on their knees and need help.
@ScotGovJustice
@slab
@Lawscot
#DefendLegalAid
Serious concerns about the resilience fund. We warned that we had these concerns. Hope it will deliver the support promised by
@HumzaYousaf
but early signs arenโt good. If most people canโt access a legal aid solicitor they canโt access justice.
Dentists sat at home in safety and rightly got many millions of pounds to support them. We were at the sharp end risking our own and our familyโs health. We canโt help but feel we are on a much lower plain.
#gutted
#undervalued
Hearing
@KateForbesMSP
saying on TV that key workers who have done such great work in Scotland should be supported. Legal aid lawyers kept the courts going at personal risk and created ways to improve the system. Where is our support?
#DefendLegalAid
First Minister
@JohnSwinney
met Chief Constable Jo Farrell at
@ScotParl
to hear her views on policing priorities.
He said he looks forward to a continued strong and open relationship between
@ScotGov
and
@PoliceScotland
.
Where is the next round of the trainee fund which is crucial if thereโs any chance of a defence bar existing? COPFS offering a package worth ยฃ41k with better holidays and conditions for trainees than the defence can ever match.
@ScotGovJustice
this is a disaster happening now.
Hope
@ScotGovJustice
respond urgently to
@Lawscot
proposals as many
#legalaid
lawyers will go out of business very soon if they donโt get financial support in the pandemic. Many many years of underinvestment need redressed to avoid no meaningful
#accesstojustice
Monday's Herald front
- Solicitors want a 50% rise in legal aid fees amid claims the
profession is in crisis
- Most parents are happy with
how children's return to school since lockdown has been managed, a survey claims
#TomorrowsPapersToday
#scotpapers
I welcome this positive response from
@Lawscot
in relation to support I have announced for the legal profession, and agree engagement should absolutely continue. Thanks to
@EdinBarAssoc
@GlasgowBarAssoc
& Aberdeen Bar Association all of whom also engaged constructively with SG.
Todayโs Mail on Sunday article about the massive crisis facing the defence bar if legal aid isnโt properly funded after many many years of under investment.
#DefendLegalAid
The
#GeoAmey
situation is beyond disgraceful. Failed to bring every prisoner with a custody ID to Glasgow today. Custody at Paisley not brought until the police eventually stepped in at seven pm on a Friday. SPS under staffing agents visits at Barlinnie adds to the problem.
New trainee court rights in force as rule change comes in (from The Journal
@jlsed
) Delighted to see this rule change come in to effect. Should help would be trainees into the profession and firms specialising in court work to support/train them. ๐๐ป๐๐ป๐๐ป
Happy to have been invited to attend an
@GlasgowBarAssoc
meeting today to let them know just how poor the
@ScotGovJustice
@scotgov
approach to ensuring we live in a democracy that values
#accesstojustice
has become. Not even reached out to respond to our needs to deliver same.
Yet again lawyers enforcing peopleโs human rights attacked. If we give up which the lack of proper funding for
#legalaid
could be seen as designed to achieve then there will be nobody to fight for those who cannot pay privately.
#Defendlegalaid
. Justice matters to all.
Today sees the 5% increase across all legal aid fees and a further 5.25% a year today. Itโs a start on the road to a sustainable legal aid system, no more than that. The Resilience Fund has to deliver too.
@Lawscot_LA
continue to fight for improvements and for
#accesstojustice
I assure you I and
@lawscot
have worked all day and still doing so to try and help
#legalaid
firms. Wish we had more info to give you right now but believe we can update in the morning and will keep doing so as often as possible. Speaking to
@ScotsLegalAid
and
@ScotGovJustice
So frustrating that nobody seems to listen or care that a crisis is looming and the people of Scotland wonโt be able to access justice with an experienced lawyer soon.
Just at a time the criminal bar is under attack from
@BorisJohnson
this new generation of lawyers has spoken up about the decimation of our profession, the attacks on legal aid & the lack of diversity & opportunities in Scotland ๐ด๓ ง๓ ข๓ ณ๓ ฃ๓ ด๓ ฟ
#DoGooders
#LeftyLawyers
๐๐ป๐๐ป
Good to see a 6.7 % increase for MSPs in line with inflation I assume . What about legal aid to allow access to justice and the right to a fair trial ! Oh sorry they just donโt care .
That sums the problem up. The situation is absolutely critical now. Urgent action needed to
#DefendLegalAid
and secure
#accesstojustice
for the people of
#Scotland
before itโs too late if it isnโt already.
If there truly is ยฃ4.6Billion extra in the
#Scottish
budget next year what excuse could there possibly be for not investing properly in
#Legalaid
to secure
#accesstojustice
for everyone? Surely that has to be easily achieved if there is any will to do so? โฆ
Minister says Scots legal aid system is one of best in Europe as lawyers say court justice is 'on brink of collapse' Is she aware we have a totally different legal system to most of Europe which experts told SG is why they spend less on legal aid?
Just agreed to give work experience to a keen young would be lawyer. Reality is if there isnโt a massive and urgent investment in
#legalaid
he will never follow his interest in court work as the system is in free fall.
#DefendLegalAid
All
#legalaid
lawyers should now have an email from me and the
@Lawscot
civil convenor updating you about todayโs action and the measures sought on your behalf. Securing financial support is critical and without it the most vulnerable wonโt be able to get
#accesstojustice
We are a year into the pandemic and the only safety improvement for defence agents at police interviews is a bottle of sanitiser in the room where the officers have a protective screen but we cannot socially distance from the client as the room is too small and zero ventilation.
The very heart of justice in
#Scotland
is as attacked today by
@SCTScourtstribs
and
@PoliceScotland
.
@ScotGovJustice
better sort this first thing tomorrow so people can have access to their lawyer on a Sunday which has now become a working day for lawyers at no extra pay.
I am lost for words. Almost a year of fighting to get this desperately needed support then zero help for my firm and so many others. Some of the refusals I have been shown seem incredible.
@DarrylLovie
@IanMoir5
@HumzaYousaf
"Look into my eyes. Not around the eyes. Into the eyes. You're under. Now: the last 12 months did not happen. You have made boundless wealth despite cessation of court work for months. Well done you. Now, grab yourself a snickers and back to work!"
@scotscrimbar
Solicitors who are attending court to take instructions, provide advice and represent client are essential to this process and will be provided with access to our buildings and their clients.
Can we go to consult with clients tomorrow to explain our legitimate protest and advise them of their rights without fear of arrest or not? An answer would be good
@ScotGovJustice
@SCTScourtstribs
@PoliceScotland
With respect, excluding independent lawyers from a court of law while allowing state employed lawyers access when they have no clients is an affront to justice. Those at the top better sort this urgently
@SCTScourtstribs
The lack of any response today is as reprehensible as the incident yesterday. Totally understand your stance to preserve the most basic principles of justice-access to an independent lawyer when facing the might of the state.
We have sent the letter noted on our website at to the Sheriff Clerks at Edinburgh noting the action we are taking in response to yesterday's intrusion into work being carried out by one of our representatives in the Court cells.
Several very concerning threads about just how bad things are and yet still no concrete proposals from
@ScotGovJustice
for the significant investment the
@scotparl
#justice
committee accept is needed to avoid the system collapsing.
#DefendLegalAid
Yet more lawyers leaving the
#legalaid
profession for the Crown and private work this week.
@ScotGovJustice
you are fiddling as Rome burns. Get it sorted right now or you will be accountable for the total demise of
#accesstojustice
in
#Scotland
.
Desperate times led to desperate measures. We did warn just how severe the crisis for
#legalaid
lawyers was. Can be no surprise the
@GlasgowBarAssoc
@EdinBarAssoc
and a number of other local bars have felt compelled to take action.
@Lawscot
doing all they can to secure support.
Just received the new
#Glasgow
#LegalAid
duty plan. PDSO have almost a third of all slots. Not sure how private firms are expected to survive unless there is the immediate and significant investment the Justice Committee of
@ScotParl
have told
@ScotGovJustice
to make.
This is a great opportunity to be trained by
@psweeney1982
at our award winning firm with a wide variety of legal aid work in criminal, civil, childrenโs and family law.
Traineeship - Glasgow - Strathclyde, Moir and Sweeney - (17866)Having been involved in the creation and delivery of the Trainee Fund,delighted to be part of the scheme and โฆ
@IanMoir5
โฉ โฆ
@psweeney1982
โฉ look forward to training the best candidate.
@HumzaYousaf
I think you need to check whatโs going on with the ยฃ9M resilience fund youโve committed to. Despite a huge drop in income my firm has been awarded a grant of ยฃ0.00. Happy to meet to sort this but my situation appears to be all too common. This has to deliver.
The juryless trials simply cannot be supported. Moir and Sweeney Litigation
@MoirTheLawyer
wonโt be taking part in any โpilotโ or โtrialโ of such trials. Time for an urgent rethink by
@scotgov
@ScotGovJustice
Six SNP MSPs rebel by abstaining on the Scottish Government's wide-ranging Victims, Witnesses, and Justice Reform Bill (juryless trials etc)
Annabelle Ewing
Fergus Ewing
Kate Forbes
Christine Grahame
Ivan McKee
Michelle Thomson
So we can go over budget on a ferry more than the total annual budget for access to justice across
#Scotland
but thereโs no more money to
#DefendLegalAid
?
We face the same problem in
#Scotland
. Without massive investment to reverse decades of underfunding of
#LegalAid
the system is on the brink of total collapse. Lawyers leaving the defence bar every week.
#DefendLegalAid
Tried to instruct counsel today for a
serious High Court case. Not a single senior counsel, senior junior or junior counsel available in
#Scotland
to accept instruction in a
#legalaid
funded case. The crisis I have warned about for over a decade is here.
#DefendLegalAid
If the poor lawyer faced with an unprecedented situation had refused to leave the building what would you have done? What would the charge have been that justified his removal from the building during a private consultation the client was entitled to under statute?
Can we go to consult with clients tomorrow to explain our legitimate protest and advise them of their rights without fear of arrest or not? An answer would be good
@ScotGovJustice
@SCTScourtstribs
@PoliceScotland
Huge progress made this week towards getting some summary criminal business processed by the courts.
@Lawscot
@SCTScourtstribs
@COPFS
all working together on this and hopefully news next week that it has delivered the result we need to start to get the system moving safely.
Ask when
@scotgov
will redress decades of under investment in
#legalaid
before the whole system collapses due to lack of lawyers able to survive on such uneconomic rates.
#DefendLegalAid
The team at
@Lawscot_LA
have had enough of missed deadlines by
@ScotGovJustice
. System collapsing but no urgency shown to fix it. The solution is simple-invest significantly 2 reverse decades of under investment. If they are being advised not to advisors need held to account.
If
@ScotGovJustice
are serious about addressing the crisis to avoid a total collapse of the system I hope the โurgentโ meeting with us and
@scotscrimbar
is this side of Christmas. Hard to overstate how time critical this is now.
#DefendLegalAid
Very positive meetings with
@Lawscot
@SCTScourtstribs
and
@COPFS
yesterday, today and tomorrow. Hope to have news this week about getting some summary criminal business restarted safely in the very near future.
@HumzaYousaf
@ScotGovJustice
I had the pleasure to speak to hundreds of
@oSYLAo
members tonight who are keen on a career in criminal law. We can turn this around working with
@Lawscot
and ensure the future of a strong independent legal aid profession for the good of
#Scotland
More money for the Crown and the court service to clear the backlog but zero additional funding of
#legalaid
. How do
@ScotGovJustice
@scotgov
expect that to deliver
#accesstojustice
and to encourage enough lawyers to defend those accused and to represent civil claimants?
On the day
@Lawscot
withdraw from the review of
#legalaid
partly because we are told there is no guarantee any money will be invested as the cupboard is bare a new ยฃ80M is announced by
@scotgov
.
@ScotGovJustice
need to prioritise immediate investment in legal aid.
Great to see more and more adverts coming through on
@lawscotjobs
for the Trainee Fund places. Hope
@ScotGovJustice
can make this an annual project to
#DefendLegalAid
and help address the crisis facing the legal aid branch of the profession. Well done
@Lawscot_LA
@Lawscot
๐๐ป๐๐ป๐๐ป