Solicitors shun courts and plot legal challenge

Criminal solicitors could bring a legal challenge against the Legal Services Commission’s (LSC’s) consultation paper on high cost cases.
Criminal Law Solicitors’ Association (CLSA) chair Ian Kelcey says he does not think the consultation, Very High Cost Case Panel, published last week, is adequate.

“It is not a consultation paper, but the LSC expects the profession to respond on it. This is something we might judicially review, and that line of action will be actively considered,” he says. “Practitioners are feeling used and abused by the government, who hasn’t listened to them, and who consistently ignore what the profession is saying.

“The proposals are now more draconian than Lord Carter’s—he proposed a fund to assist firms in making the changes but the government has withdrawn that from the plans.”

Striking criminal solicitors staged two days of disruptive action across the country last week in protest at reforms to the legal aid system. In south Cumbria, dozens of cases were reportedly adjourned as solicitors stayed away from the courts. The solicitors were protesting against low legal aid fees, as well as the Carter reforms, which will introduce price competitive tendering and drive many firms out of business or force them to merge.
The protest was not organised by the CLSA, although it gave its approval.
A spokesperson for the Department for Constitutional Affairs condemned the strike action. “We are disappointed that a small number of solicitors opted to carry out forms of disruptive action at the end of last week.

“Lord Falconer has previously urged solicitors not to take disruptive action and we strongly believe that by doing so, solicitors are not acting in their clients’ best interests.

“As with previous action this disruption has been limited and not nationwide, in most areas it has been business as usual and we hope the vast majority of lawyers will continue to provide a full service for their clients. Disrupting the criminal justice system and harming the interests of victims, defendants and the court system is unnecessary and irresponsible.”

Andrew Keogh, partner, Tuckers Solicitors, retorts: “Striking per se does not raise any ethical issues. We saw quite widespread action last week but existing client work was still protected, for example, solicitors set up agents’ arrangements at every magistrates’ court in London so there was at least one solicitor there.

“Therefore, the rights of vulnerable people were once again protected by the profession. The courts operated slowly but cases weren’t adjourned so the impact on the public was minimal.”