Solicitor and firm stopped from undertaking criminal legal aid work

Friday 30 March 2007

The Scottish Legal Aid Board announced today that it had removed the firm of Paul McGowan & Co Solicitors, 79 Quarry Street, Hamilton and its sole partner, Paul McGowan, from the list of solicitors registered to provide criminal legal assistance. This means that the firm and solicitor now cannot provide criminal legal aid or criminal advice and assistance.

The removal follows an investigation by the Board which was carried out after a routine compliance audit by Board staff.

The Board has a substantial programme of monitoring and investigating legal aid expenditure involving both legal aid applicants and the legal profession. Under its powers, it can stop solicitors undertaking criminal legal aid work. Where it has concerns about lawyers it has made formal complaints to the appropriate regulatory body. The Board may also forward cases to the Crown Office for consideration of police investigation or prosecution. Last year the Board’s compliance and investigations work lead to savings of over £1 million, and a number of cases involving solicitors, applicants and legally-aided assisted persons were reported to the Crown Office.

The Board manages legal aid in Scotland, which is paid for by the taxpayer and delivered by solicitors and advocates. A key part of the Board’s work is investigating and pursuing abuse of legal aid. This work is important in protecting the Legal Aid Fund and the taxpayer. It is also a protection for the vast majority of legal practitioners who provide a quality legal service with honesty and integrity.

ENDS

JOURNALISTS PLEASE CONTACT:

Colin Sim tel (direct) 0131 240 2033, or email simco@slab.org.uk

NOTES FOR EDITORS

1. The Code of Practice for Criminal Legal Assistance is operated by the Board and came into effect on 1 October 1998. To register and remain registered to practise criminal legal assistance, individual firms and solicitors must show that they meet the standards of service set out by the Code in three main areas - management and administration systems, quality of service and standards of professional conduct.

2. This is only the fourth time that the Board has had to use its powers to stop a firm and solicitor from doing criminal legal assistance work. Firms of solicitors deregistered previously were: Robert Taylor, Glasgow – February 2007; Paul Kirk, Uddingston – July 2005; Airlie Mellon, Glasgow – March 2002.

3. Legal aid allows people who would not otherwise be able to afford it to get help for their legal problems. Legal aid and advice and assistance can only be accessed through a solicitor. The Board’s mission is to promote the development and delivery of appropriate access to quality legal assistance for those eligible, in a cost-effective manner. In 2005-2006 providing legal assistance cost the taxpayer£147.9 million, with 411,290 grants being made.

4. For more information, visit the Board's website www.slab.org.uk