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Private firms have attacked the plan, which will triple the number of Public Defence Solicitors’ Offices (PDSOs) in Scotland to nine and raise the number of salaried public defenders competing with them for work to about 30.
The move coincides with a threatened boycott by solicitors of cases involving alleged sex offenders in protest over legal aid fees, which have not increased since 1992.
The action was condemned as “shocking and disgraceful” by Jack McConnell, the first minister, who threatened to hand the cases to salaried solicitors employed by the PDSO.
While ministers insist the public defenders are cheaper and will help cut Scotland’s record £152m-a-year legal aid bill, lawyers have criticised the move as a thinly disguised attempt to “nationalise” the profession and undermine their bargaining position.
Many firms — particularly those with one or two partners — claim they can no longer afford to take on criminal legal aid work and have demanded that rates are increased by about 50%. Lawyers from the country’s largest bar associations, which are leading the dispute, said plans to expand the PDSO were viewed with suspicion.
“We had hoped matters would be resolved to the satisfaction of all parties and there’s a danger members will take this as an indication that the executive has perhaps not been negotiating with the best of faith,” said Christine Murray, a senior member of the Glasgow Bar Association.
“There’s no doubt this is connected to the stance taken by solicitors on legal aid,” added George Donnelly, of the Dundee Bar Association. “It’s a panic reaction by ministers to the solidarity shown by the profession.”
James Steel, president of the Aberdeen Bar Association, said: “Presumably (ministers) are trying to curry favour with the electorate that there will be a cost saving, but I very much doubt that will be so.”
Last year almost £110m was awarded in legal aid for criminal cases. The figure has risen by about £30m since 2000. Last year, public defenders handled 1,565 cases at a cost of £831,000.
Matthew Auchincloss, director of the PDSO, denied the move was a slight against private firms. “Ministers simply want a mixed economy,” he said. “It’s not a threat to private practice.”
The executive said: “Discussions are ongoing as to how best to take this forward.”
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