Law Society to advise criminal lawyers to reduce legal aid work amid pay dispute

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Lawyers in England and Wales are poised to withdraw from criminal legal aid work in a pay dispute, which could severely impact the justice system. The Law Society plans to advise members to "withdraw or scale back" their legal aid services unless the government takes “meaningful action”.

In January, after the Conservative government refused to increase pay, the High Court stated that the criminal justice system could reach “a point of collapse” without more funding. A judicial review had mandated a 15% increase in legal aid rates for defence solicitors but this hasn’t been met by the government. Incoming Law Society President Richard Atkinson said, “the new government has failed to show it is any more serious about criminal justice than its predecessor”. He explained that, despite solicitors’ support responding to riots over the summer, the Labour government’s “rhetoric about supporting the rule of law and access to justice is not being matched by action to safeguard the future of the criminal defence profession”.

Atkinson noted that there’s “no concrete timeline for action and little hope of investment in criminal legal aid in the autumn budget”. He added that this: “Is not good enough for victims left waiting years for justice. It is not good enough for defendants left to represent themselves and it is not good enough for duty solicitors, left to watch their firms collapse under them. It is not good enough for a government supposedly committed to the rule of law and access to justice.”

In response, the Law Society plans to publish guidance shortly to help firms decide whether they can continue to provide criminal legal aid work. Atkinson stated: “We recommend firms examine the viability of each type of criminal legal aid work they undertake to decide if they should scale back or withdraw altogether until there is meaningful action by the new government.”

Speaking on the potential action, a Ministry of Justice spokesperson said: “The new government inherited a justice system under enormous strain and a criminal legal aid system facing significant challenges.
 
“Criminal defence lawyers play an essential role in ensuring that justice is done. While any decision on future government funding is subject to the upcoming spending review, we are committed to working with the legal profession to support the sustainability of the market both now and in the future.”

Read this new Wrestle with PESTLE LCN Says to discover more about access to justice and the role of legal aid.