Striking Lawyers

I read that Scotland's lawyers may go on 'strike' because of planned Government changes to the way in which their fees are paid and collected - in cases that come before the criminal courts.

Now of course lawyers won't really be going on strike in the way most people would understand anyway - because they are not members of a trade union - instead they are private business people who would be withdrawing their services if this action goes ahead.

As I understand the dispute it revolves around plans to require lawyers to recover their clients' contributions towards legal aid costs - which will kick  in if an when an individual client's disposable income rises above £68 per week.

Now this has caused outrage amongst criminal lawyers who say it will create a conflict - if they have to do their best for clients while at the same time having to chase the same client for money - potentially at least, assuming that not every client will be in a hurry to pay for services rendered.

But I don't buy that argument because the same thing happens in civil cases just now - lawyers routinely act for and do their best for clients in a private matter - say a divorce or family law issue - and don't appear to suffer from a paralysing conflict of interest.

So what's the big deal in criminal cases?

Concerns have also been raised about the requirement for people facing court to pay a contribution towards the cost of their legal representation - which does have implications about 'access to justice'.

Will this lead to a system whereby only those who can afford to pay - and up being represented in court?

Now that's a concern I share but what I would say as well is that Scotland's criminal courts do have a reputation as a legal circus - one in which the same people appear time after time as if they are going through a revolving door.

So I think the legal profession would be mad to withdraw their services - instead of working with the Scottish Government to bring about long overdue changes to a system which is thoroughly discredited - in parts at least.

For the worst repeat offenders access to justice must feel like some kind of joke - especially as they are just working the system instead of being held properly to account for their behaviour.