A woman from the Scottish Highlands, who was assaulted by her husband, was unable to find a legal aid lawyer for her divorce—despite reaching out to more than 116 law firms.
Her case underscores a growing crisis in Scotland’s legal aid system, with the Law Society of Scotland warning that a third of legal aid lawyers are expected to retire in the next decade.
The woman, a mother of two, qualified for legal aid due to her financial situation, but her case’s complexity and geographical location made finding a solicitor nearly impossible. Some firms declined due to the challenges of her case, while others had stopped taking on civil legal aid work altogether. Many did not respond at all.
“It was an incredibly difficult and traumatic experience, made even worse by constant rejections,” she told BBC Scotland News. “It left me feeling hopeless.”
Barriers to Legal Representation
Under Scotland’s legal aid system, applicants must secure a solicitor to apply on their behalf. However, the woman’s inability to find a willing lawyer meant she could not access the legal aid she was entitled to. After weeks of failed attempts, she eventually managed to appoint a lawyer with financial support from friends. However, her financial situation remains unstable, and she fears losing representation before her case is resolved.
Lochaber Women’s Aid in Fort William has seen similar struggles, with survivors of domestic abuse often being told to represent themselves in court. Deputy manager Donna Campbell emphasized the gravity of the issue:
“These women are scared for themselves and their children. It’s crucial this problem is addressed.”
Legal Aid Shortage: A Widespread Problem
The Scottish Women’s Rights Centre reports that survivors of domestic abuse often contact between 30 and 50 solicitors before finding representation, causing significant distress and safety concerns. Senior associate Lyndsay Fleming explained:
“Survivors are told by police to get civil protective orders, but without legal aid, they are left at serious risk.”
In Orkney, the number of solicitors handling civil legal aid cases has dropped from nine in 2000 to just one in 2025. Women’s Aid Orkney director Michelle Ward said the lack of legal aid forces some women to remain in unsafe situations. Of the 152 women supported last year, 24 left their communities due to safety concerns, with legal aid difficulties playing a major role in half of those cases.
A System on the Brink of Collapse
Discontent over legal aid has been growing for years. The Law Society of Scotland warns the system is at risk of “complete collapse” due to low payments, making it financially unsustainable for solicitors.
“The experienced solicitors are leaving because it’s not viable, and younger lawyers don’t see it as an attractive career path,” said Pat Thom, convenor of the society’s civil legal aid committee. “It’s not about luxury—solicitors need to cover their office and staff costs.”
Scottish Minister for Victims and Community Safety, Siobhian Brown, acknowledged the problem, calling the woman’s experience “unacceptable.” She admitted there are gaps in legal aid availability, especially in rural areas, despite Scotland having one of the “most generous legal aid systems in the world.”
While legal aid fees have increased by 25% since 2019, the problem persists. “It’s not just about throwing more money at the issue,” Brown said. “We need structural reforms.”
Calls for Reform and Modernization
The Scottish government is preparing proposals to reform legal aid before the next Holyrood elections in 2026. Long-term changes may require legislative action to modernize the system.
The Scottish Legal Aid Board maintains that many lawyers still participate in the legal aid system, but acknowledges that access is limited in some areas. Chief executive Colin Lancaster pointed to systemic issues:
“The current legal aid model is outdated, rooted in the 1950s. Simplifying and streamlining the system could bring real benefits.”
With legal aid increasingly difficult to secure, especially for vulnerable individuals, calls for reform continue to grow. Without significant change, Scotland’s legal aid system may become inaccessible to those who need it most. Photo by Tangopaso, Wikimedia commons.