header-logo header-logo

Legal aid tremors

01 October 2010
Issue: 7435 / Categories: Legal News , Legal aid focus
printer mail-detail

Three major fault lines exposed in current system

Legal aid is caught in a “vicious circle” and requires a fundamental review and “realignment” of three basic faults if it is to be maintained at a reasonable standard.

A report published this week by the Legal Services Institute (LSI)—a think tank funded by the College of Law—identifies three main “fault lines” in the current system: “a fragmented and inefficient supplier base, a failure to match rights and funding, and broader systemic shortcomings”.

The report, Civil Legal Aid: Squaring the (Vicious) Circle, finds that there are greater overhead costs than necessary because of the large number of suppliers of legal aid work, both for the Legal Services Commission and the law firms themselves, therefore best value for money is not being achieved. In addition, the report stated that the increasing number of legal rights afforded to citizens, many of which are aimed at the most disadvantaged in society, are not matched by an increased availability of funds to allow people to pursue those rights.

The report favours the development of single source contracting through CLACs and CLANs (Community Legal Advice Centres and Networks) and the use of graduated fee schemes to cut down on administrative costs. It notes that law firms face extra costs by having to bid for matter starts.
It suggests that advice delivered need not always be “high quality”, and calls for greater “utility of service”—advice that is useful to resolve the client’s problem.

The report states that “too often [the legal aid fund is] being asked to pay for something which is not sufficiently useful, because, for instance, lawyers are sitting on the fence or are fanning the flames of a dispute rather than working quickly to resolve it”.

LSI director, professor Stephen Mayson says: “If efficiency savings in legal aid lead to any undermining of the rule of law, or compromise the administration of or access to justice, while we might have achieved a degree of fiscal prudence, society will undoubtedly be the poorer for it.”

Issue: 7435 / Categories: Legal News , Legal aid focus
printer mail-details

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
back-to-top-scroll