Council Members Report

REPORT

Council Members Report

As we approach the summer and the lifting of the very long lockdown, I hope that all of you have been keeping safe and well. It has been very difficult for many, including staff members. I would like to say that it has been good to hear how all firms have managed to protect their staff and been very amenable to their working arrangements. I am also pleased from my own experience how clients have been so understanding and co-operative with us. I am sure all of you would have had the same experience.

Just to give an update as to what had transpired in relation to the Solicitors Indemnity Fund (SIF). A joint letter from the Law Society and the LSB Consumer Panel was sent to the SRA requesting that the proposed closure of the Solicitors Indemnity Fund should not take place and SIF should continue. A meeting took place on 26th May between the CEOs and General Counsel of the LSB, SRA and TLS. The LSB had received a number of letters and communications from members and retired members and made it clear that they were now taking a keen interest in SIF. The LSB made suggestions as to how TLS and the SRA should work together to resolve the position over post 6 year run off (P6YRO) cover. TLS wrote another letter to the SRA requesting that SIF continues. Their Board meeting on 8th June was asked to again consider: a) the adverse consequences to consumers, our members and the good standing of the profession, of a decision to close the fund at this time b) the current adverse insurance market conditions and the non-availability of any P6YRO replacement insurance in the market. TLS made it clear that if the SRA were maintaining their position to close the fund in September 2021, then there should be a detailed reasoning for their decision. The SRA Board met on the 8th June and decided to extend the life of SIF for another year to September 2022. This is not a victory, but a reprieve and TLS are working hard to find a lasting solution to the issue.

Regarding the criminal legal aid contracts 2022, the government has unveiled its plans for criminal legal aid contracts prompted the Law Society to issue a caution that law firms need more longterm certainty so they can plan for the future. The 2017 Standard Crime Contract – which is the contract between the Legal Aid Agency (LAA) and providers of face-to-face criminal legal aid in England and Wales – will come to an end on 30 September 2022. The contract will span the period of time between the end of the current contract and the point at which it is possible to tender a contract based on the outcome of Independent Review of Criminal Legal Aid (ICLAR).

TLS has submitted its response to the government’s consultation on reform of judicial review. The President of the Law Society will continue to challenge the assertion that there is need for the changes that the government is advocating.

Reforms to the Mental Health Act (MHA) must not hamper people’s liberty, must respect patient autonomy, and must ensure detention has a therapeutic benefit The Society has warned ministers. The President welcomed efforts made by the government to tackle such a complicated area of the law and Society will continue to press for amendments that ensure that liberty and patient autonomy are respected.

As always, if you have any matters that you wish to raise with the Law Society then please do not hesitate to contact me or Alastair. In the meantime, and as we approach the summer vacation, I would like to take the opportunity of wishing all of you a safe summer and please stay safe and well. ■

Sushila Abraham

Sushila Abraham

Council Member