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26 July 2007 / Richard Miller
Issue: 7283 / Categories: Features , Legal aid focus
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Legal aid—a bleak future?

Is it too late to prevent a race towards low prices for minimum quality? asks Richard Miller

In these turbulent times when we don’t even know what payment structures legal aid firms will be working under in three months, it is an unenviable task to try to forecast where we will be in three to five years.

Of one thing I am certain. The system we end up with will not look anything like Lord Carter’s blueprint (see Legal Aid—A Market-based Approach to Reform). Some of it misunderstood the legal services market and would not work in practice. The Legal Services Commission (LSC) cannot or will not adopt some of the ideas. The government has repeated that there is no more money, which compromises the principle of competitive tendering.
The government is still putting £2bn per year into legal aid. Much of the work is subject to human rights obligations. The government must ensure access to services in criminal defence, public law, family, mental health and immigration, which account for around three-quarters of the

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MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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