Law Soc brands legal aid proposals "unworkable and damaging"

The Law Society has submitted its formal response to the government's consultation paper on legal aid, stating in no uncertain terms that the proposals for price competitive tendering of legally aided criminal defence services are "so unworkable and damaging that they are likely to push the justice system beyond breaking point to a devastating collapse".

The society studied the practical implications of the proposed reforms, looking at two independent analyses. It concluded that the proposals: 

• would improperly restrict a client's ability to choose their own lawyer;
• would diminish the quality of justice;
• are impractical to achieve in the timescales; and
• are uneconomic both for existing firms and new entrants.

Law Society President Lucy Scott-Moncrieff said: "The removal of client choice is a red line. We believe, on the advice of leading counsel, that it is unlawful. Even if the government were able to overcome the legal problems, it remains wholly undesirable for clients, firms and the taxpayer. The right of clients to choose is one of the main drivers of quality in the system, as well as helping it to run more cheaply and efficiently. For instance, lawyers who know their clients do not need to take a full history each time. A client is more likely to trust a lawyer if they have chosen them and know they could choose someone else. Clients are therefore more likely to accept advice to make admissions in the police station, or to plead guilty, where these are the appropriate courses of action. Combined with the cut in fees, the potential impact on the quality of justice in this country is profound."

She went on to say that the Law Society is ready to discuss alternative solutions with the ministry, but that they must "retain the right of clients to choose their lawyer, encourage the market to develop organically over a reasonable time period and embed quality in the system".

Read the full response and sign the online petition opposing the cuts.