Both the Faculty of Advocates and the Law Society of Scotland have criticised the Courts Reform (Scotland) Bill. The Faculty of Advocates warned that the reform will create a system where those who can afford it receive the best legal representation, while those on legal aid will suffer.
People relying on legal aid would automatically be represented by an advocate in the Court of Session, but in the sheriff court that would only happen in “exceptional” cases, it claimed. The faculty said in a statement:
“The effect of these combined measures will, in the view of the faculty, fundamentally undermine both access to justice and equality of representation...The proposal would in effect deprive individuals on low and moderate incomes and SMEs [small and medium sized businesses] with serious cases, of the right and ability to instruct an advocate. This aspect of the proposal would favour wealthy and corporate litigants, who can afford to instruct counsel, over ordinary people and would create inequality in the justice system.” (our emphasis)
People relying on legal aid would automatically be represented by an advocate in the Court of Session, but in the sheriff court that would only happen in “exceptional” cases, it claimed. The faculty said in a statement:
“The effect of these combined measures will, in the view of the faculty, fundamentally undermine both access to justice and equality of representation...The proposal would in effect deprive individuals on low and moderate incomes and SMEs [small and medium sized businesses] with serious cases, of the right and ability to instruct an advocate. This aspect of the proposal would favour wealthy and corporate litigants, who can afford to instruct counsel, over ordinary people and would create inequality in the justice system.” (our emphasis)
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