There's an old proverb that’s been rattling around in my head this week.
It goes like this: “Every man who is his own lawyer has a fool for a client.”
Basically, it means that if you think you can defend yourself in a court of law you’re, well, a fool.
The criminal justice system is an essential fabric of our society. And it’s on the brink of collapse. Why, I hear you ask, and why should we care?
Well, for some time now defence lawyers have been feeling mightily fed up with low pay and fees that are paying less than in 1999.
One lawyer told me: “Since 1999, legal aid fees have risen by 76p. It’s just not sustainable for some lawyers or firms to take on cases involving legal aid.
“It would cost the firm more than they’re actually earning. Experienced lawyers are deserting.”
There’s been an exodus of trained criminal lawyers hanging up their gowns and walking away from the profession they spent years learning. This is having an impact on the courts.
But is that something we should be bothered about? I mean, who cares if some criminals can’t get a fair trial or even a trial at all, right? Wrong.
Sex offenders, wife beaters, robbers, drunk drivers, you name it, they could all walk free without adequate representation in court.
It’s a fundamental right in Scots law that even the poorest in society should have fair access to legal advice when they need it and, if they’re charged with a crime, assistance from a solicitor.
It’s a myth that all lawyers are rich. Forget what you see on American crime dramas, the ones in which billable hours run into the thousands of dollars.
In real life, a solicitor conducting a criminal trial in Scotland, say over one morning, earns the “princely” sum of around £56 from legal aid.
We’ll forget the preparation needed beforehand to ensure their client gets the best service possible.
Regardless of the current cost of living crisis, the fact that the fees have remained the same for more than 20 years is a shocking state of affairs.
We all need to eat and pay our bills – including lawyers.
A summary legal aid case with two deferred sentences and a social work report would have paid £600 in 1999 – but just £578 in 2022.
Do we really want a country without defence lawyers? A system where only those with the money have access to justice?
Anyone of us could be accused of a crime. Who would we turn to?
Not everyone charged with a crime is guilty and, even then, the guilty ones still deserve a fair hearing.
And if you’re still firmly in the camp of thinking lawyers are part of the elite, over-privileged few, then spare a thought for the thousands of victims locked in the system as the backlog from the pandemic bites and those accused of crimes are struggling to find a solicitor.
Failing to invest in criminal law could mean there is much less vigorous examination and challenge to how the state prosecutes people, meaning a higher risk of improper practices or miscarriages of justice.
Take the Luke Mitchell case, for example. There is a campaign to have his conviction for murdering 14-year-old girlfriend Jodi Jones re-examined.
But his supporters cannot deny that he, like others, have benefitted from a system that allowed him to have access to an excellent defence team, which poured over every aspect of how he was treated and the evidence against him.
Meanwhile, newly qualified and experienced solicitors are expected to prop up a crumbling justice system for a pittance.
Where’s the Great British justice in that?
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