header-logo header-logo

Criminal Bar to vote on offer as Law Society poised to advise solicitors to cease work

30 September 2022
Issue: 7997 / Categories: Legal News , Profession , Criminal , Legal aid focus
printer mail-detail

Criminal barristers are voting on whether to suspend their strike following an offer from the Lord Chancellor, Brandon Lewis

According to the Ministry of Justice (MoJ), the proposed 15% fee increase for barristers and solicitors will now apply to the ‘vast majority’ of cases currently in the Crown court. Other measures designed to tackle the backlog will be ‘explored’, such as ‘increasing early resolution of cases, reducing the number of ineffective trials and progressing cases between magistrates’ courts and the Crown Court’, the MoJ said, in a statement. In total, an extra £54m will be invested in the criminal Bar and solicitors.

The Criminal Bar Association (CBA) said the government’s offer represents ‘substantial positive movement from government. As a result the offer will be put to a ballot’. However, the CBA tweeted that it was ‘not a good start that the Lord Chancellor has insisted on going ahead with a premature press release’.

Meanwhile, criminal law solicitors are considering withdrawing their labour in protest at the 9% increase offered to them.

Law Society president I Stephanie Boyce said: ‘Reaching a compromise with criminal barristers but not providing parity for solicitors is short-sighted given it is solicitors who make up the greater part of the criminal defence sector.

‘The independent review the government commissioned made clear solicitors are in an even worse financial situation than their counterparts. Solicitors are the backbone of the criminal justice system, advising their clients from the first moment at the police station, through to passing of a sentence.

‘They are not taking short-term disruptive action. They are simply leaving the profession permanently, in ever greater numbers because the work is not financially viable. And yet the government is currently proposing only a 9% rate increase for solicitors, 40% less than the 15% being offered to barristers, and far less than the bare minimum the Bellamy report concluded was needed for criminal defence solicitors’ firms to remain economically viable.’

Boyce warned: ‘If solicitors do not get parity on the bare minimum 15% recommended by Lord Bellamy, the MoJ will have made it clear that there is no future in criminal defence practice and we will advise our members not to undertake this work. No responsible organisation could truthfully advise otherwise.’

The Law Society was due to hold ‘immediate’ meetings with ministers.

Issue: 7997 / Categories: Legal News , Profession , Criminal , Legal aid focus
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Lawyers can no longer afford to ignore the metaverse, says Jacqueline Watts of Allin1 Advisory in this week's NLJ. Far from being a passing tech fad, virtual platforms like Roblox host thriving economies and social interactions, raising real legal issues
back-to-top-scroll