Law Society Opposes Legal Aid Reforms

by Robin Pilgrim, LawAndTax-News.com, London

24 January 2007

The UK's Law Society last week condemned the government's proposed legal aid reforms, arguing that they will threaten access to justice by risking "irreparable" damage to the legal aid supplier base.

Changes put forward by the government earlier this month include:

• Fixed fees for work in police stations from October 2007;
• Revised standard fees for magistrates' court work will be introduced in major urban areas from April 2007;
• A revised graduated fees scheme for advocates in the Crown Court from April 2007;
• A litigators graduated fee schedule for Crown Court work from October 2007;
• A single graduated fee scheme in October 2008, which will combine fees for both Crown Court litigators and advocates;
• A Care Proceedings Graduated Fee scheme from October 2007 following a further consultation;
• A revised scheme for legal help for people facing family problems from October 2007 following a further consultation;
• The Tailored Fixed Fee Replacement scheme for solicitors and the not-for-profit sector providing civil legal help in October 2007; and
• Revised schemes for immigration and mental health work from October 2007.

Announcing the proposed reforms, Legal Aid Minister Vera Baird stated that:

"Legal aid is an integral part of the welfare state that protects the vulnerable and ensures justice is done. That makes it imperative to ensure that the budget is well-spent and delivers top quality advice to all those who need it. It is paid for by the taxpayer and supplied by lawyers and from now on there will be better value for the first and fairer pay for the second."

"When firms have adjusted to fixed fees, we will invite tenders for bundles of cases. Firms will bid for work at a price that makes them a profit, whilst local market forces will ensure best value for the taxpayer."

"This is not a cost-cutting exercise. Our legal aid system is the best in the world and the best-funded in the world, costing each taxpayer £100 per year - much more than in any other country. If there were a windfall for legal aid in the budget tomorrow, we would still make these changes, since we must make best use of taxpayers' money."

"Quality is at the heart of our reforms. If providers - solicitor, public sector and third sector do not pass the appropriate level of peer review, they will not be entitled to any work at all. I am very pleased indeed that this new enhanced focus on quality has been welcomed by providers."

However, at a recently held Law Society Special General Meeting (SGM), around 400 solicitors voted unanimously in support of a motion critical of the government’s approach to the proposed reforms to legal aid.

Andrew Holroyd, Law Society Vice President announced last week that:

“Today’s SGM highlights the strength of feeling among solicitors about the current legal aid reforms. The Law Society wants the same result as all the solicitors who attended the meeting – to secure a sustainable future for legal aid and to protect vulnerable clients. The Society will continue to fight for that objective with all urgency."

“We continue to lobby intensively to secure a viable future for legal aid. The current proposals threaten an already economically fragile sector and so access to justice. We are working on behalf of legal aid solicitors to find a workable solution, but the current proposals are far from that.”

The Law Society has commissioned legal and economic advice from relevant experts to improve understanding of the likely impact of the proposals on the sector.

Mr Holroyd and Desmond Hudson, Law Society Chief Executive, have also given oral evidence on the reforms to the Constitutional Affairs Select Committee.

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