Criminal solicitors have been advised by their own professional body to consider quitting rather than ‘hanging on’ if they find criminal legal aid work financially unviable
The Law Society crossed the threshold this week into recommending firms stop waiting for a government decision on fees, review the viability of each part of their criminal practice and, if not viable, stop all or part of their police station and court work.
Last November, it issued a practice note advising solicitors on circumstances where they might refuse police station and court work—areas which received a 9% increase in fees rather than the minimum 15% recommended by the 2021 criminal legal aid independent review (CLAIR). In January, its judicial review against the government’s failure to implement CLAIR succeeded. The general election thwarted action on this, and the new government’s first budget is not until 30 October.
The Ministry of Justice (MoJ) has now said it will announce its decision on fee rates in November—but has asked firms to tender before this for ten-year legal aid contracts due to start next year.
However, incoming Law Society president Richard Atkinson said: ‘We can no longer ask firms to hold on in the hope of action from government that may never come.
‘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.’
An MoJ 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.’
