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Report from SPG Law Society Council Member – Lubna Shuja The most recent Law Society Council meeting took place on 30 March 2022. Below is a summary of some of the issues we discussed, and which are currently relevant to our profession. Copies of the reports to Council from the Law Society’s CEO can be found on the SPG website at www.spg.uk.com.
meetings with the Ministry of Justice (MoJ) officials and ministers, the MoJ has confirmed that the total value of the package of measures for solicitors amounts to only 9% and not the quoted 15%. There is no commitment as to the scale of additional funding after the proposed restructuring of the Crown Court fee schemes.
Criminal Legal Aid The Law Society has warned that the British justice is at risk after UK government assurances that their proposals on criminal legal aid funding matched the findings of an independent review turned out to be spin. Sir Christopher Bellamy made clear in the Independent Review of Criminal Legal Aid that an immediate 15% injection of funding was the bare minimum needed to keep the beleaguered criminal justice system functioning and ensure access to justice for victims and defendants. Government rhetoric suggested they had understood the seriousness of the crisis, but detailed examination of the consultation revealed that the proposals fall substantially short of what they first appeared to be. On Tuesday 22 March 2022 Justice Secretary Dominic Raab claimed to the House of Commons that he had “matched the Bellamy recommendations on the quantum of investment and on the… uplift for fees”. However, it is now clear that, for solicitors, the reality is different. Because of this, the Law Society can no longer support the government’s proposals. After detailed analysis of the documents and
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The crisis in our criminal justice system has seen the backlogs in the courts spiral to unprecedented levels, leaving victims, witnesses and defendants waiting years for justice. Without necessary investment, at least on the scale Sir Christopher has said is urgently needed, the backlogs will continue, and it is likely that in five years’ time, we will no longer have a criminal justice system worthy of the name. The government response sends a clear message that the Ministry of Justice is simply not serious about tackling that crisis. While of course the proposed investment in police station and magistrates court work is much needed, the overall package is woefully short of the minimum identified as necessary to keep the network of criminal defence services functioning. It is no good just part of the system being economically viable if the whole system is not. The number of criminal legal aid firms has almost halved in the last 15 years, and Law Society research shows that duty solicitors are ageing and increasingly scarce in some parts of the country. In a growing number of counties, there are no duty lawyers under 35 years of age doing this work – the criminal defence lawyer is becoming extinct before our eyes. When considering whether to take up new criminal legal aid contracts, members will need to think long and hard as to whether they believe there is now any prospect of a viable economic future in criminal legal aid. It is in the public interest, as a starting point,
that the government meets the bare minimum required to keep the wheels of justice moving and delivers a new package on criminal legal aid. You may have read that barristers voted to institute a “no returns policy”. The Law Society has provided guidance on the position of criminal defence solicitors on the situation which can be found on the Law Society website.
Ukraine Following the outbreak of hostilities in February, the Law Society issued a statement condemning the invasion and offering support to the people of Ukraine. At the same time the Law Society contacted two organisations representing Ukrainian lawyers, the Ukrainian National Bar Association and the Ukrainian Bar Association to offer support. The Law Society is in contact with a number of pro bono initiatives being set up by members, and is also signposting interested members to these through its website. Defending the Reputation of the Profession – Accusations against Law Firms and Solicitors There has been significant media and political attention, and negative coverage, directed at the profession with some solicitors and law firms named publicly. The Law Society has been clear that the right to legal representation is a sacrosanct principle of the rule of law. The Law Society approached the law firms particularly affected by the negative publicity to offer support. This was well-received. The Law Society has also been working with 21 UK law firms which previously had offices in Russia. There are now none and most of those who have left cited incompatibility between the Russian government’s actions and their firms’ values as the reason for leaving. UK Sanctions Regime and other Government Actions The Law Society offered to assist the UK government in designing and implementing a
