header-logo header-logo

07 December 2022
Issue: 8006 / Categories: Legal News , Profession , Criminal , Legal aid focus
printer mail-detail

Solicitors’ warning on criminal rates

Criminal law solicitors could follow the Bar’s example and down tools following justice secretary Dominic Raab’s final response to the Independent Review of Criminal Legal Aid.

The review, led by Lord Bellamy and published last December, recommended as a minimum an immediate 15% rise in criminal legal aid rates across the board. One year later, however, Raab last week published his full response, offering an extra £138m for the legal aid sector as a whole, including ‘raising the overall package [for solicitors] from 9% to 11%’.

In contrast, the government offered a 15% increase for the vast majority of Crown Court cases as part of a deal to end Criminal Bar strikes in September.

Law Society president Lubna Shuja said: ‘Having seen that direct action gets results, the response from some of our members may be to resort to disruptive tactics.

‘But far more worrying than any disruption caused by short-term action is the continued loss of criminal defence solicitors which is already leaving parts of the criminal justice system wholly unable to cope with the demands on it. This will get even worse across more areas of England and Wales. It will be far more costly to fix if we get that far.

‘We are still exploring options for saving the system, including a legal challenge of the decision.’

Law Society analysis suggests the number of duty solicitors will decrease by another 19% by 2025 (687 fewer duty solicitors) and the number of firms doing criminal legal aid work will decrease by 16% (150 fewer firms), leaving many people without access to a lawyer.

Shuja issued a stark warning to those considering a career in criminal defence practice, saying ‘it is highly unlikely that you will be able to generate a reasonable professional income from this work’. She highlighted that solicitors are under a regulatory duty to ensure they manage risks to the financial stability and business viability of their practices.

Mark Fenhalls KC, chair of the Bar, said: ‘The criminal justice system only works when the whole system works.

‘Our solicitor colleagues are clear that this announcement risks significant flight from criminal legal aid by solicitors which would leave the system in danger of collapse.’

Issue: 8006 / Categories: Legal News , Profession , Criminal , Legal aid focus
printer mail-details

MOVERS & SHAKERS

mfg Solicitors—Deborah Bufton

mfg Solicitors—Deborah Bufton

Law firm boosts residential property team with new associate appointment

Flint Bishop—Russell Bainbridge

Flint Bishop—Russell Bainbridge

Flint Bishop lands corporate partner from Knights amid Sheffield growth drive

Bird & Bird—Huw Edwards

Bird & Bird—Huw Edwards

Bird Bird appoints expert tech patent litigator as new partner in London

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.

back-to-top-scroll