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Lawyers to refuse criminal cases in protest at cuts to legal aid fees Lawyers to refuse criminal cases in protest against cuts in legal aid fees
(about 5 hours later)
Solicitors and barristers in Liverpool are threatening to refuse to handle all new criminal cases from 1 July, as lawyers across the country meet to coordinate protests against cuts in legal aid fees. Solicitors and barristers in Liverpool are threatening to refuse to handle any new criminal cases from 1 July, as lawyers across the country meet to coordinate protests against cuts in legal aid fees.
About a hundred of the city’s leading prosecutors and defenders agreed to take direct action against the latest 8.75% reduction, the second such cut in a year. Meetings to consider similar action, involving both criminal barristers and solicitors, are planned for Monday evening in London, as well as in Manchester, Newcastle, Northhampton, Durham, Cardiff, Essex and elsewhere. About a hundred of the city’s leading prosecutors and defen ce lawyers agreed to take direct action against the latest 8.75% reduction, the second such cut in a year.
Michael Gove, the justice secretary, this month approved the fee-cut for solicitors but suspended cuts directly affecting barristers, who work mainly in crown courts. Sporadic direct action against legal aid cuts last year failed to deter the previous justice secretary, Chris Grayling, from imposing the 17.5% cuts, but many criminal practitioners now feel their backs are against the wall. Meetings to consider similar action involving both criminal barristers and solicitors are planned for Monday evening in London, Manchester, Newcastle, Northampton, Durham, Cardiff, Essex and elsewhere.
New duty contracts for solicitors to cover police stations and magistrates courts are due to to come into effect in January and will change the rates paid for preparing a range of casework. According to criminal solicitors the fees on average, in some areas, will decline by a further 25-30% next year, with the rates for some categories dropping by more than half. Michael Gove, the justice secretary, approved the fee cut for solicitors this month, but suspended those directly affecting barristers, who work mainly in crown courts.
The resolution from the Merseyside lawyers’ meeting declared: “Individual [solicitors’] firms made an assessment of the cuts that are to be introduced on 1 July and in January 2016 … They will not undertake work at this rate. [Barristers in Merseyside] confirmed that they would not be prepared to undertake work on any case with a date on or after 1 July in recognition of the damage that these cuts will have upon the independent bar. Sporadic direct action against legal aid cuts last year failed to deter Gove’s predecessor, Chris Grayling, from imposing the 17.5% cuts, and many criminal practitioners now feel their backs are against the wall.
“The government recognises that the profession is fragile and yet continues to take grave risks with the stability of the criminal justice system. Every chambers in the city and the vast majority of solicitors were represented … similar meetings are being held around the country.” New duty contracts for solicitors to cover police stations and magistrates courts are due to to come into effect in January 2016 and will change the rates paid for preparing a range of casework.
The impact of the action will depend on how many solicitors take part in protests that deprive them of future work. Zoe Gascoyne, chair of the Liverpool Law Society criminal practice committee, said: “We know more than anybody that the criminal justice systme is creaking. Mr Gove is speaking to the wrong people. We would like him to engage with us. We are being forced out of business.” According to criminal solicitors the fees in some areas will fall by a further 25-30% next year, with the rates for some categories dropping by more than half.
Jon Black, chair of the London Criminal Courts Solicitors’ Association, who is organising the meeting in the capital on Monday, said a similar resolution of refusing new work under reduced fees would be discussed. The LCCSA is balloting over direct action in legal-aid cuts. “Even if firms get a new contract, they will not be able to provide a prosessional service at these rates. In one case, fees under the new contracts next year are due to be 55.6% lower than before. Preparing cases for not guilty pleas in ABH prosecutions will fall from £1,163 to £661, for example. Guilty pleas will fall from £396 to £176.” The resolution from the Merseyside lawyers’ meeting declared: “Individual [solicitors’] firms made an assessment of the cuts that are to be introduced on 1 July and in January 2016 … They will not undertake work at this rate.
The Legal Aid Agency has already confirmed that no tender bids from solicitors for the new contracts have been received to cover three of the 85 areas in England and Wales: Devon, the Isle of Wight, and Dyfed/Powys. Such reluctance suggests firms in those areas do not expect to be able to provide a service on the money being made available. “[Barristers in Merseyside] confirmed that they would not be prepared to undertake work on any case with a date on or after 1 July in recognition of the damage that these cuts will have upon the independent bar.
An MoJ spokesperson said: “Although the transition will be challenging, the changes we are pressing ahead with are designed to ensure we have a system of criminal legal aid that delivers value for money to taxpayers, that provides high quality legal advice to those that need it most, and that puts the profession on a sustainable footing for the long term. “The government recognises that the profession is fragile and yet continues to take grave risks with the stability of the criminal justice system. Every chambers in the city and the vast majority of solicitors were represented … Similar meetings are being held around the country.”
The impact of the action will depend on how many solicitors take part in protests that deprive them of future work. Zoe Gascoyne, the chair of the Liverpool Law Society’s criminal practice committee, said: “We know more than anybody that the criminal justice system is creaking. Mr Gove is speaking to the wrong people. We would like him to engage with us. We are being forced out of business.”
Dan Travers, a barrister with Exchange Chambers in Liverpool, said: “My hope is that no solicitors will work for the new rates. The majority of criminal barristers and solicitors in the city want to take action.”
Jon Black, the chair of the London Criminal Courts Solicitors’ Association, who is organising the meeting in the capital on Monday, said a similar resolution to refuse new work under the reduced fees would be discussed. The association is already balloting its members on direct action.
“Even if firms get a new contract, they will not be able to provide a professional service at these rates,” Black said. “In one case, fees under the new contracts next year are due to be 55.6% lower than before. Preparing cases for not guilty pleas in ABH prosecutions will fall from £1,163 to £661, for example. Guilty pleas will fall from £396 to £176.”
The Legal Aid Agency has confirmed that “insufficient” tender bids were received from solicitors for new contracts in three of the 85 areas in England and Wales: Devon, the Isle of Wight, and Dyfed/Powys. Firms in those areas, it implies, do not believe they can provide a service on the funding made available.
Solicitors say such “advice deserts” will become more common.
In a letter to the Guardian, a retired circuit judge, Barrington Black, writes that barristers and solicitors are unable to afford to pay their bills with legal aid fees at their current levels.
An Ministry of Justice spokesperson said: “Although the transition will be challenging, the changes we are pressing ahead with are designed to ensure we have a system of criminal legal aid that delivers value for money to taxpayers, that provides high quality legal advice to those that need it most, and that puts the profession on a sustainable footing for the long term.
“Having listened carefully to the case put by the profession we decided not to reduce advocacy fees, but instead to work closely with them to explore alternative ways of securing these savings. We have also said that in July 2016 an independent reviewer will assess the impact of the new arrangements.”“Having listened carefully to the case put by the profession we decided not to reduce advocacy fees, but instead to work closely with them to explore alternative ways of securing these savings. We have also said that in July 2016 an independent reviewer will assess the impact of the new arrangements.”