For the legal profession in general (including paralegals), a survey conducted by the Scottish Law Society found that 38% are between 46 and 65 years old, of which about 2% are 66+ years old (3). « We recognise the important contribution of mutual legal assistance to tackling inequalities in Scotland – helping vulnerable people cope with issues such as debt, housing and mental health, and defending against criminal charges. It is in the interests of society that Scotland has a strong system of legal aid that ensures that the rights of individuals are protected while supporting the rule of law. This Coronavirus Resilience and Recovery Fund (CRRF) was provided jointly by the Scottish Government and the Scottish Legal Aid Board, who worked together to design the fund to support those who have experienced a decline in new legal aid activities – so that law firms and legal centres can continue to provide legal aid services to the public during and after the pandemic. « We are delighted to have established the £9 million COVID Resilience Fund for legal aid firms, which have suffered the most from a business loss over the past year. • commits to making changes to ceremonial sanctions that will have a positive impact on lawyers;• commits to discussing other possible changes to summary and civil fees once the revised Practice Directions are in effect; • the introduction of a system whereby fees can be paid throughout the duration of a case rather than at the end;• proposes to extend this system to an advance payment system which would allow work to be effectively paid for before it is completed;• offers to consider grants as part of the responsible use of public funds;• provides the Scottish Courts and Tribunal Service with additional funding of GBP 15 million; Restore and improve the capacity of the Scottish courts. the courts to advance cases; The fund aims to provide businesses with the additional revenue they could reasonably have expected if the coronavirus pandemic had not impacted new business. The CRRF will support law firms and legal centres that have experienced a decline in new legal aid activities so that they can continue to provide legal aid services to the public during and after COVID-19. It is intended to complement the current policy on interim fees, which addresses the related – albeit separate – issue of cash flow issues arising from delays in the progress of cases, a number of other changes introduced by SLAB to support the remote provision of legal advice and representation during this period, and other government financial supports that were available. Angus McIntosh, President of the Scottish Association of Legal Centres, added: « The new fund is a lifeline that will help many of us continue to work and provide essential services in very difficult circumstances. » The CRRF results promote human rights, the rule of law and a proportionate, fair and effective justice system (national outcomes), the protection of the rights of children in need of legal representation (children and youth – national outcomes) and communities – national outcomes.
The deadline for applications to the Fund is 31 March 2021. (1) persons living in Scotland who need legal aid, including persons with protected characteristics such as: age (legal aid for children[135] and elderly persons seeking legal aid), racial and ethnic minorities (immigration, etc.) and gender (protection orders, etc.). As part of the package offered by the Scottish Government following discussions with the Law Society of Scotland and local bar associations, the fund is open to all law firms whose income typically comes from legal aid payments of at least 20% and which have experienced a decline in expected revenue from new legal aid businesses once any other form of COVID-related government support is taken into account. You must intend to continue working in the field of mutual legal assistance after the coronavirus pandemic. For the legal profession as a whole, 8 out of 2,376 respondents identified as transgender in the Law Society of Scotland survey in 2018 (1). In these amounts, some law firms will have seen their level of activity increase, while others will have experienced a decrease. In addition, the business structures of some companies have meant that other generic Covid-19 business support programs do not match their establishment. As the sector is a diverse group of over 700+ private companies, it was not possible to determine the level of support needed or where it is most noticeable.
Like other specific or sector-specific grant programs, the CRRF had eligibility criteria for access to funding. In the present case, after consultation with the law practitioners of the institutions, in particular the Law Society of Scotland and the Scottish Legal Aid Board, it was decided that a minimum amount of legal aid should be required of law firms in order to benefit from the agreement. In addition, and in line with other Scottish Government grants, other sources of public funding, such as business grants and paid leave, were considered as part of the eligibility criteria. The Coronavirus Recovery and Resilience Fund, in its intended form, will have no impact on promoting equal opportunities. The CRRF aims to maintain the level and quality of legal aid during the Covid-19 pandemic and thus protect the right of access to justice. The Grant Funding Agreement between the Scottish Government and businesses and legal centres sets out the eligibility criteria and conditions for receiving support from the Fund to ensure that the overall objectives of the grant are met. The planned 10% increase in fees over the next two financial years follows a 3% increase in all legal aid fees in 2019 – meaning the Scottish Government has committed to providing a total increase of 8.2% over two years and 13.6% over three years. The Resilience Fund is part of a wider Scottish Government support programme to the legal aid sector worth up to £20 million.
In early February, regulations were passed by Parliament to increase fees to £10 million, and £1 million was pledged to support traineeships. In the area of civil legal aid, 55% of respondents to a Scottish Legal Aid Board (SLAB) survey were over 45 and 4% over 65+ (4). « The current emergency has reduced legal aid for many lawyers, resulting in a financial crisis for many firms. The new fund is a lifeline that will help many of us continue to work and provide essential services under very difficult circumstances. « The legal aid sector was already under significant pressure before COVID. The sudden drop in lawsuits due to the pandemic meant that many legal aid firms could have been lost, risking a crisis of access to justice for many of the most vulnerable in our society. I am delighted that the Cabinet Secretary has responded so positively to our call to action and presented a substantial £20 million support package, including this COVID Resilience Fund. As this is an application-driven project and the funding criteria for this CRRF focused on the company`s business income and other UK and Scottish Covid funds and this information was unknown to the Scottish Government and would not be known until applicants applied to the fund. There was a risk that the number of applications to the Fund would be lower than expected or that a large number of applicants would not meet the eligibility criteria necessary to receive support. Please note that we use your bank details which we use for legal aid payments and that completing the application implies consent to pass this data on to the Scottish Government for use for payment purposes.
