Top lawyers 'strike' for higher fees

SCOTLAND'S most senior lawyers are in open revolt and are threatening to bring the criminal justice system to a standstill.

The Sunday Herald has learned that criminal lawyers conducting high-profile appeal cases have taken the unprecedented action of refusing to appear in court - effectively going on strike - because they say their fees are too low.

On Friday, four QCs - Paul McBride, Jamie Gilchrist, Andrew Brown and Chris Shead - did not turn up at the appeal court in Edinburgh where they were to argue for the release of four men jailed for a total of 73 years last year for their part in a major heroin- trafficking operation.

A legal source confirmed that another appeal case on Thursday also had to be cancelled as a result of the unofficial action, and warned that more QCs were prepared to adopt similar measures until their pay for court appearances was increased.

The Sunday Herald has learned that the Faculty of Advocates, the Scottish Legal Aid Board and the Scottish Executive are now involved in emergency talks to stop Scotland's QCs, the country's top criminal defence lawyers, causing delays and meltdown in the justice system.

Lawyers involved in criminal trials in the High Court are also talking openly about refusing to take on cases to protest about pay rates, raising the prospect of further chaos.

Last night, the Executive would only say publicly that it was in discussion about the fee structure with the Faculty of Advocates, the body that represents the top-earning lawyers. But privately, officials are said to be furious at the action taken by QCs, pointing out that even the most junior counsel can expect a daily rate of around pounds-200. Top QCs could be paid a "considerably higher" amount, they added.

Last year, Donald Findlay was the country's top-earning advocate, making pounds-305,200.

Other big earners received more than pounds-275,000 from the Scottish Legal Aid Board.

The decision by lawyers to refuse to attend hearings has been prompted by changes to the fee structure, introduced by the Executive and the Scottish Legal Aid Board in April.

Advocates are now claiming the situation has led to QCs being paid "extraordinarily low" rates. One top QC said: "The legal aid board introduced interim regulations, changing the legal aid system. The consequence is that the legal aid rates are extraordinarily low for what is the highest court in the country.

"Before the changes, for an all-day appeal I would expect around pounds-500. Now, I will get pounds-200. That fee includes preparation the night before, being on your feet all day in the appeal court. At the end of the day, I would expect a net profit of about pounds-80." He added: "If you want to get the best lawyers doing the biggest cases in the highest courts you have to pay an appropriate market rate."

Last night, a spokesman for the Faculty of Advocates said: "There is an ongoing discussion between the faculty and the Scottish Legal Aid Board. We hope that the issue will be resolved in the near future." A legal aid board spokesman confirmed it was in talks.

Copyright 2005 SMG Sunday Newspapers Ltd.
Provided by ProQuest Information and Learning Company. All rights Reserved.