The Law Society

REPORT

The Law Society

By Beth Quinn, Key Account Manager, The Law Society

CRIMINAL JUSTICE

Cuts to legal aid will bring chaos to criminal justice

The Law Society has responded to the government’s final response to the Independent Review of Criminal Legal Aid. The review recommended a 15% rate increase for solicitors but the government’s package only amounts to 9% rising to 11% in 2024, which is a real terms cut.

The justice secretary has completely rejected the advice of the government’s own independent review of the crisis in the criminal justice system by imposing a cut on fees that have been frozen since the 1990s.

The number of duty solicitors and criminal legal aid firms continue to fall at an alarming rate – with several police station schemes on the verge of collapse. Law Society analysis suggests that 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 when they desperately need one.

The Law Society has warned those entering the profession considering a career in criminal defence practice is that, given the current situation with criminal legal aid, it is highly unlikely that they will be able to generate a professional income from this work. Solicitors are under a professional obligation to make sure they manage risks to the financial stability and business viability of their practices. It will be for each firm to make its own assessment as to its own individual circumstances. For many firms, continuing with a criminal defence practice in the absence of the basic funding Bellamy identified as essential for sustainability may be incompatible with their professional obligations.

The Law Society will continue to explore options for saving the system, including a legal challenge of the decision.

■ Read our Press Release at www.lawsociety.org.uk/contactor-visit-us/press-office/press-releases/raabs-cut-to-legalaid-will-bring-chaos-to-criminal-justice

■ Read the government response at www.gov.uk/ government/consultations/response-to-independentreview-of-criminal-legal-aid

■ Further information on the looming crisis facing criminal duty solicitors at www.lawsociety.org.uk/campaigns/criminaljustice/criminal-duty-solicitors

■ Law Society practice note on rejecting un-remunerative publicly funded criminal work at www.lawsociety.org. uk/topics/criminal-justice/rejecting-un-remunerativepublicly-funded-criminal-work

REGULATORY

Changes to the Legal Ombudsman’s Scheme Rules

The Legal Ombudsman (LeO) recently announced its Scheme Rules will be amended from 1 April 2023. Firms should consider any internal changes that may be required so that these may be in place by 1 April.

Over the coming months LeO will be drafting and publishing guidance, including FAQs, on the Scheme Rules changes to ensure that firms and members of the public are aware of how the changes might impact on them or their complaint.

SRA launches a new consultation on the future of the Solicitors Indemnity Fund

The SRA has launched a new consultation on the future of the Solicitors Indemnity Fund (SIF) and post six-year run-off cover (PSYROC). The new proposals would retain the current levels of protection but close the independent company that manages SIF – bringing a PSYROC scheme in-house.

■ Read more about the Law Society’s position at www. lawsociety.org.uk/campaigns/consultation-responses/ sra-consumer-protection-for-post-six-year-negligence

DIVERSITY & INCLUSION

New Law Society diversity and inclusion framework

Often there is a leap to action on diversity and inclusion – a sense of urgency to ‘do something’. This can lead to activity that is reactive to immediate pressures, short lived or not properly resourced. The Law Society’s new D&I framework encourages you to take a systematic approach and embed D&I in a way that has a lasting impact.

The framework guides individuals through three steps to develop and deliver a strategic approach and action plan. We have included an action plan template, as well as links to additional guidance and resources for more detailed help. If you are already taking action, it will help you review and identify any gaps or areas for ongoing improvement.

■ Read more at www.lawsociety.org.uk/topics/diversity-andinclusion-framework

New research into male mental health in the legal profession

LawCare recently published its findings relating to male mental health within the legal profession. The legal mental health charity released the findings of its all-male focus group which took place on 19 July 2022 in a bid to better understand the needs of men in law and the mental health support they need in the workplace.

The focus group was composed of a diverse range of barristers, partners, mid-level and junior associates, in-house lawyers and those in support roles from across a range of jurisdictions.

■ Download the report at https://protect-eu.mimecast.com/s/ TEajC8MJOHXBzl7un8dyt?domain=lawcare.org.uk

Mental Health Act figures show disproportionate impact on Black British people

Annual statistics on the Mental Health Act have revealed that Black British people are still disproportionately affected in terms of detention and treatment compared to white people.

Detention rates for Black British people were over four times those of white people, while Community Treatment Orders (CTOs) – which require a person to receive supervised treatment in the community – were used for Black British people at 11 times the rate of white people.

The Law Society has called for the government to ensure that people subject to a CTO still receive an automatic referral to the Mental Health Tribunal if they are recalled to hospital and kept there for treatment. ■

Beth Quinn