The Law Society of Scotland has already introduced a scheme, called Compensure, which allows for conditional fees. The time and line system of remuneration for civil legal aid means that there is no financial incentive to efficient and early case preparation. The ordinary cause rules have been designed to encourage early agreement of matters not in dispute and early identification of issues in dispute so that cases may be pursued in the most appropriate and effective manner. The legal aid system should support this approach. There are inherent advantages and disadvantages with all the proposals.
Contracts probably offer the best way forward in the longer term.
Contracts could be for any specified number of cases and could include one-case contracts in specialised areas of work or in localities where there are few solicitors and few cases. Similar changes could usefully be extended to civil legal assistance. A code of practice for civil legal assistance, or some aspects of it, and registration of solicitors on the basis of their adherence to the code, would help to ensure quality of provision. Fixed payments for civil legal assistance could help to ensure value for money. Powers for SLAB to make contracts with providers would facilitate the development of community legal services, and would help ensure value for money.