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You can find the current article at its original source at http://www.theguardian.com/commentisfree/2014/jan/06/legal-aid-cuts-day-of-action
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| Legal aid: is this the cut that kills the system? | Legal aid: is this the cut that kills the system? |
| (35 minutes later) | |
| Sarah Vine: I have not taken the decision to take part lightly | Sarah Vine: I have not taken the decision to take part lightly |
| 'When the poor cannot afford good lawyers, good lawyers must be able to afford the poor.' In 16 years at the bar, I have seen our system subjected to innumerable cuts, disastrous outsourcing, and a vast expansion of the scope and complexity of the law. The above principle, of which my 24-carat Tory pupil-master was so justly proud, is now hanging by a thread, one which the Ministry of Justice's plans will finally sever. It will pave the way for the detestable injustices of the American two-tier system. It is that fact, and nothing short of it, that has forced us into direct action. These plans are not just a cut; they are the cut, the one that will make entry to, and life in, the profession unsustainable for all but the incompetent and/or the privately wealthy. It is the system, not ourselves, for whom we protest. | 'When the poor cannot afford good lawyers, good lawyers must be able to afford the poor.' In 16 years at the bar, I have seen our system subjected to innumerable cuts, disastrous outsourcing, and a vast expansion of the scope and complexity of the law. The above principle, of which my 24-carat Tory pupil-master was so justly proud, is now hanging by a thread, one which the Ministry of Justice's plans will finally sever. It will pave the way for the detestable injustices of the American two-tier system. It is that fact, and nothing short of it, that has forced us into direct action. These plans are not just a cut; they are the cut, the one that will make entry to, and life in, the profession unsustainable for all but the incompetent and/or the privately wealthy. It is the system, not ourselves, for whom we protest. |
| I have not taken the decision to act lightly. But these proposals will transform the universal right to justice into a commercial privilege. We have talked, we have held meetings with ministers, we have attended roadshows, we have petitioned, lobbied, written, and we have provided evidence and analysis. We have been ignored. What else are we to do? | I have not taken the decision to act lightly. But these proposals will transform the universal right to justice into a commercial privilege. We have talked, we have held meetings with ministers, we have attended roadshows, we have petitioned, lobbied, written, and we have provided evidence and analysis. We have been ignored. What else are we to do? |
| • Sarah Vine is a criminal barrister at 2 Pump Court Chambers | • Sarah Vine is a criminal barrister at 2 Pump Court Chambers |
| Doreen Lawrence: If the current plans had been in place in 1993, two killers would still be walking the streets' | Doreen Lawrence: If the current plans had been in place in 1993, two killers would still be walking the streets' |
| Three days after my son's death in 1993, a young solicitor, Imran Khan, came to my home. He'd been encouraged to meet us by someone we didn't know at the time, but who'd heard what had happened to Stephen and thought Imran was the right person to represent us. He was relatively inexperienced; but he was aware of this, so he recommended Mike Mansfield QC – who had 20 years' experience in criminal cases – as the best barrister for us. | Three days after my son's death in 1993, a young solicitor, Imran Khan, came to my home. He'd been encouraged to meet us by someone we didn't know at the time, but who'd heard what had happened to Stephen and thought Imran was the right person to represent us. He was relatively inexperienced; but he was aware of this, so he recommended Mike Mansfield QC – who had 20 years' experience in criminal cases – as the best barrister for us. |
| The bond of trust you have with your lawyers is especially important when you're going through difficult times. For a case like Stephen's, there were many of these in the 19 years it took for us to achieve our first measure of justice. | The bond of trust you have with your lawyers is especially important when you're going through difficult times. For a case like Stephen's, there were many of these in the 19 years it took for us to achieve our first measure of justice. |
| If the current plans for legal aid had been in place in 1993, Neville and I may not have been able to maintain our two-decades-long campaign for justice. Two killers would still be walking the streets, and the exposure of large-scale malpractice in the police force may never have happened. | If the current plans for legal aid had been in place in 1993, Neville and I may not have been able to maintain our two-decades-long campaign for justice. Two killers would still be walking the streets, and the exposure of large-scale malpractice in the police force may never have happened. |
| Throughout this time, all I wanted was justice. I know many ordinary citizens in this country want the same and need access to the law to bring that about. The legal aid proposals will deny them that and lead to miscarriages of justice. For their sakes, we can't let it happen. | Throughout this time, all I wanted was justice. I know many ordinary citizens in this country want the same and need access to the law to bring that about. The legal aid proposals will deny them that and lead to miscarriages of justice. For their sakes, we can't let it happen. |
| • Doreen Lawrence is the mother of murdered teenager Stephen Lawrence | • Doreen Lawrence is the mother of murdered teenager Stephen Lawrence |
| Nigel Pascoe QC: Why I'm not taking part | Nigel Pascoe QC: Why I'm not taking part |
| If I had been doing a criminal case on the day of action, I would have stuck with my client and given my day's refresher to a bar hardship fund. I simply cannot get my head round the idea of leaving a client unrepresented, although the strike protocol plainly seeks to limit the damage of doing so. But the validity of the criminal bar's case is undeniable. I want a mediated solution based on key topics, such as the ridiculous payment for aborted hearings, using the good offices of an experienced retired senior judge. Above all, I want the lord chancellor to listen, reach out and to respond. I will not take part in personal criticism of him: I once heard him defend the independence of the judiciary very effectively. But if he does not respond, not only will he lose the public opinion battle, but much more importantly, justice will be severely damaged. | If I had been doing a criminal case on the day of action, I would have stuck with my client and given my day's refresher to a bar hardship fund. I simply cannot get my head round the idea of leaving a client unrepresented, although the strike protocol plainly seeks to limit the damage of doing so. But the validity of the criminal bar's case is undeniable. I want a mediated solution based on key topics, such as the ridiculous payment for aborted hearings, using the good offices of an experienced retired senior judge. Above all, I want the lord chancellor to listen, reach out and to respond. I will not take part in personal criticism of him: I once heard him defend the independence of the judiciary very effectively. But if he does not respond, not only will he lose the public opinion battle, but much more importantly, justice will be severely damaged. |
| • Nigel Pascoe is a criminal barrister at Pump Court chambers and writes a blog at nigelpascoeblog.wordpress.com | |
| Jennifer Blair: The government is stripping away access to justice and participation in the legal profession | Jennifer Blair: The government is stripping away access to justice and participation in the legal profession |
| The legal profession is constantly criticised for its lack of diversity: it is pale, male and stale. And most of all, it is accessible only to those who are already well off. Repeated studies on the makeup of the legal profession have shown that, despite efforts to widen participation, such criticisms are fair. | The legal profession is constantly criticised for its lack of diversity: it is pale, male and stale. And most of all, it is accessible only to those who are already well off. Repeated studies on the makeup of the legal profession have shown that, despite efforts to widen participation, such criticisms are fair. |
| I am a pupil barrister at Garden Court Chambers; I will earn £16,000 this year. I studied at university for seven years, undertook unpaid internships and have a career development loan at a figure that would cover the deposit for a pretty decent house. | I am a pupil barrister at Garden Court Chambers; I will earn £16,000 this year. I studied at university for seven years, undertook unpaid internships and have a career development loan at a figure that would cover the deposit for a pretty decent house. |
| I founded Big Voice, an independent youth empowerment project supported by the supreme court to help young people engage with the law. Our students, all state educated, come from extremely diverse backgrounds and have impressed us time and again with their ferocious commitment to making the world a better place. | I founded Big Voice, an independent youth empowerment project supported by the supreme court to help young people engage with the law. Our students, all state educated, come from extremely diverse backgrounds and have impressed us time and again with their ferocious commitment to making the world a better place. |
| We need more people like them involved with the law, but with the cuts to justice pursued by the government, the financial risks of pursuing a career at the criminal bar are becoming too high. From a state school background, getting to where I am now has been financially and emotionally challenging for me and my family; for those who come after me it will become near impossible. You won't become a barrister because of the quality of the work you can do for your clients, but the money that you have behind you. | We need more people like them involved with the law, but with the cuts to justice pursued by the government, the financial risks of pursuing a career at the criminal bar are becoming too high. From a state school background, getting to where I am now has been financially and emotionally challenging for me and my family; for those who come after me it will become near impossible. You won't become a barrister because of the quality of the work you can do for your clients, but the money that you have behind you. |
| With the proposed cuts, a government made up of the rich is stripping away access to justice and participation in the legal profession from those less privileged than them. Lawyers serious about widening participation in the legal profession should support the action needed to stop the government turning back the clock on equality. | With the proposed cuts, a government made up of the rich is stripping away access to justice and participation in the legal profession from those less privileged than them. Lawyers serious about widening participation in the legal profession should support the action needed to stop the government turning back the clock on equality. |
| • Jennifer Blair is a pupil barrister and founder of Big Voice London | • Jennifer Blair is a pupil barrister and founder of Big Voice London |
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