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| Legal aid cuts: lawyers to begin boycott that could see courts grind to a halt | |
| (34 minutes later) | |
| Criminal courts could begin grinding to a halt from Wednesday after solicitors and barristers agreed to boycott new cases paid at lower legal aid rates. | Criminal courts could begin grinding to a halt from Wednesday after solicitors and barristers agreed to boycott new cases paid at lower legal aid rates. |
| The swell of support for direct action follows mass meetings across England and Wales. Fees for duty solicitors to attend magistrates courts and police stations will fall by 8.75% on 1 July; a similar cut was imposed last year. | The swell of support for direct action follows mass meetings across England and Wales. Fees for duty solicitors to attend magistrates courts and police stations will fall by 8.75% on 1 July; a similar cut was imposed last year. |
| Criminal solicitors warn that the introduction of new legal aid contracts, due to come into force in January, will force the closure of many law firms and mass redundancies. With the disappearance of experienced lawyers, they argue, the quality of representation will fall and there will be more miscarriages of justice. | Criminal solicitors warn that the introduction of new legal aid contracts, due to come into force in January, will force the closure of many law firms and mass redundancies. With the disappearance of experienced lawyers, they argue, the quality of representation will fall and there will be more miscarriages of justice. |
| The Ministry of Justice, which believes there is overcapacity in the market due to sustained falls in crime, says law firms need to consolidate and make savings through economies of scale. | The Ministry of Justice, which believes there is overcapacity in the market due to sustained falls in crime, says law firms need to consolidate and make savings through economies of scale. |
| Mass meetings of solicitors and barristers who specialise in criminal work in Liverpool, London, Manchester, Leeds, Huddersfield, Dewsbury, Teesside, Newcastle, Devon, Reading, Macclesfield, Bradford and other cities have now backed the protest. | Mass meetings of solicitors and barristers who specialise in criminal work in Liverpool, London, Manchester, Leeds, Huddersfield, Dewsbury, Teesside, Newcastle, Devon, Reading, Macclesfield, Bradford and other cities have now backed the protest. |
| Only lawyers in Leicester, it is understood, opposed action on the grounds thatthe boycott needed to be backed by barristers’ professional bodies, too. | Only lawyers in Leicester, it is understood, opposed action on the grounds thatthe boycott needed to be backed by barristers’ professional bodies, too. |
| Lawyers refuse to describe their action as a strike, pointing out that they will still carry out work for private clients but believe the new rates for legal aid work are unsustainable. In the past, mass protests by lawyers have only managed to bring courts to a standstill for a single day. | |
| The impact on magistrates and crown courts, even if the action is widely supported, will be gradual rather than immediate. Duty solicitors on rotas will honour their contracts but not apply for legal aid so that prosecutions will not be able to progress and defendants be left unrepresented at their trials. | The impact on magistrates and crown courts, even if the action is widely supported, will be gradual rather than immediate. Duty solicitors on rotas will honour their contracts but not apply for legal aid so that prosecutions will not be able to progress and defendants be left unrepresented at their trials. |
| The action is formally supported by the London Criminal Courts Solicitors Association (LCCSA), the Criminal Law Solicitors’ Association (CLSA) and the Big Firms Group – the umbrella organisation that represents the 37 largest firms carrying out legal aid work. The Criminal Bar Association, which represents 4,000 barristers, is due to meet on Tuesday evening to review its position. | The action is formally supported by the London Criminal Courts Solicitors Association (LCCSA), the Criminal Law Solicitors’ Association (CLSA) and the Big Firms Group – the umbrella organisation that represents the 37 largest firms carrying out legal aid work. The Criminal Bar Association, which represents 4,000 barristers, is due to meet on Tuesday evening to review its position. |
| Related: Head of legal aid's pay rise an 'insult' to solicitors after fees fall 17.5% in last year | Related: Head of legal aid's pay rise an 'insult' to solicitors after fees fall 17.5% in last year |
| Jon Black, president of the LCCSA, said: “We have overwhelming support for this action, which regrettably is necessary as a result of the government’s intention to implement the proposed further cuts amounting to over 50% on some cases for January 2016, without carrying out the promised meaningful review. | Jon Black, president of the LCCSA, said: “We have overwhelming support for this action, which regrettably is necessary as a result of the government’s intention to implement the proposed further cuts amounting to over 50% on some cases for January 2016, without carrying out the promised meaningful review. |
| “Had the government listened to our representations they would know that these cuts are not only unnecessary but dangerous. We have drafted a protocol, and firms that seek to act in breach of this are letting themselves, their professional colleagues and their clients down.” | “Had the government listened to our representations they would know that these cuts are not only unnecessary but dangerous. We have drafted a protocol, and firms that seek to act in breach of this are letting themselves, their professional colleagues and their clients down.” |
| Zoe Gascoyne, a Liverpool solicitor and committee member of the CLSA, said: “We want Michael Gove [ the justice secretary] to engage with us. The impact will depend on how busy each area is.” | Zoe Gascoyne, a Liverpool solicitor and committee member of the CLSA, said: “We want Michael Gove [ the justice secretary] to engage with us. The impact will depend on how busy each area is.” |
| Bill Waddington, chair of the CLSA, said: “Legal aid solicitors are clearly recognised by the judiciary as at the heart of the proposed efficiency reforms. Mouthing platitudes about inequality in the law and Magna Carta has absolutely no credibility while the MoJ is undermining a chance for level-headed reform. | Bill Waddington, chair of the CLSA, said: “Legal aid solicitors are clearly recognised by the judiciary as at the heart of the proposed efficiency reforms. Mouthing platitudes about inequality in the law and Magna Carta has absolutely no credibility while the MoJ is undermining a chance for level-headed reform. |
| “All over the country solicitors are joining forces with local barristers to fight for justice. The government’s policy will make access to justice the preserve of the wealthy and their bone-headed policies are unworkable for all firms regardless of size.” | “All over the country solicitors are joining forces with local barristers to fight for justice. The government’s policy will make access to justice the preserve of the wealthy and their bone-headed policies are unworkable for all firms regardless of size.” |
| Andrew Caplen, president of the Law Society, which represents all solicitors in England and Wales, said: “We have considerable sympathy with the position of solicitors facing the latest round of criminal legal aid cuts. We also understand the significant anger that exists over the damaging effects of government policy on access to justice, and on dedicated professionals and small businesses who have had no increases to legal aid fees since 1992, and have faced significant cuts. | Andrew Caplen, president of the Law Society, which represents all solicitors in England and Wales, said: “We have considerable sympathy with the position of solicitors facing the latest round of criminal legal aid cuts. We also understand the significant anger that exists over the damaging effects of government policy on access to justice, and on dedicated professionals and small businesses who have had no increases to legal aid fees since 1992, and have faced significant cuts. |
| “We have raised particular concerns that the cuts will leave some areas of the country without any access to criminal legal aid.” | “We have raised particular concerns that the cuts will leave some areas of the country without any access to criminal legal aid.” |
| Defending the need for the savings, an MoJ spokesperson last week 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... We have also said that in July 2016 an independent reviewer will assess the impact of the new arrangements.” | Defending the need for the savings, an MoJ spokesperson last week 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... We have also said that in July 2016 an independent reviewer will assess the impact of the new arrangements.” |