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15 August 2012 / Paul Fisher
Issue: 7527 / Categories: Opinion , Legal aid focus , Legal services
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No such thing as a free lunch?

Paul Fisher shares his views on how to avert a pro bono crisis

The compliance of the legal profession with what has traditionally been understood as its moral imperative to “do good” by those less fortunate in society through the provision of pro bono legal advice is under threat. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the implementation of the Jackson Reforms have become the new concerns for an anxious profession. Regardless of the merits debate, their practical consequences are clear: the community legal service fund will suffer a sizeable reduction in value and the contractual instrument designed to fill the void left by a retreating state—the conditional fee agreement—will become far less attractive as an option for funding with the end of “success fee” recovery.

Three possible means of funding pro bono institutions during this daunting phase of austerity will be addressed in this paper: compulsory “pro bono costs”, the utilisation of “indemnity costs” and payments in lieu of mandatory pro bono services.

Compulsion

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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