By David Young-
Dozens of solicitors prepare to join the criminal bar in protest action over the government’s controversial criminal legal aid reforms.
The idea was originally mooted at a training session organised by the London Criminal Courts Solicitors Association and Criminal Law Solicitors Association a fortnight ago, where dozens of solicitors signalled their appetite to join the criminal bar in escalating action.
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The Uk government’s consultation on criminal legal aid reform closes on 7 June.
Practitioner groups and representative bodies have long expressed discontentment with the government’s proposed £135m package was not good enough, which they say is unsatisfactory.
The Criminal Bar Association (CBA) has accused ministers of dragging their feet over implementing a 15% rise in rates for legal aid – as recommended by an independent review. The CBA said 15% was the bare minimum needed to stop the system from collapsing.
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A ballot by the Criminal Bar Association (CBA) saw 94% of votes in favour of refusing to accept returns – where a barrister steps in to represent a defendant whose original barrister is unable to attend court – from 11 April.
One lawyer who insisted on anonymity at the time said: ‘We’re at the point of last chance saloon. Unless we do something, we’re not going to be taken seriously.’
After surveying members on possible options for action, the London Criminal Courts Solicitors Association announced today that 95% of 140 respondents have signalled support for refusing to take on low-paid work in the magistrates’ court, such as burglary and assault on emergency workers.
The idea was mooted at a training session organised by the London Criminal Courts Solicitors Association and Criminal Law Solicitors Association yesterday, where dozens of solicitors signalled their appetite to join the criminal bar in escalating action.
LCCSA president Hesham Puri (pictured) said: ‘The verdict is clear. Our words must be backed by action. Defence solicitors will say “no” to low-paid cases like burglary where they frankly end up paying for the “privilege” to work. Our goodwill has run out and will no longer prop up a broken justice system. The action will, inevitably, cause yet more havoc.’
The action will commence on 25 May, starting with burglary cases. The LCCSA, which has 870 members, says cases in the magistrates’ court could collapse with defendants unable to access a lawyer. Crown courts would experience further disruption as cases tried ‘either way’ – such as harassment and stalking – would be unable to proceed.
A bulletin to members last night explained solicitors’ contractual obligations, stating that under the provisions of the current crime contract, only duty work is obligatory. Other work may be refused on the grounds that it is uneconomic.
‘The rejection of instructions on the basis that the work is not properly remunerated or cannot be properly resourced given the funding available under the Legal Aid Agency scheme is compliant with the principles set by the Solicitors Regulation Authority. It’s a matter for you to establish the nature of the work that’s not adequately remunerated under the contract,’ the bulletin said.
The LCCSA conducted a survey after several practitioners who attended a legal aid consultation ‘training session’ last month signalled their appetite to join the criminal bar in escalating action.
Following last month’s training session, the LCCSA aligned its demands with the criminal bar and is now asking for a 25% fee uplift instead of 15%.
The government’s consultation on criminal legal aid reform closes on 7 June.
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