NEWS The additional concern is that the rates offered will not be sufficient to enable firms in this sector to bring about the extensive change required to improve efficiency in the criminal justice system. In addition to falling short of the minimum amount recommended by Sir Christopher, the Government’s response did not reflect the urgency with which the funding increase is required. My Committee also made representations that the proposed increase in fees will only apply to new legal aid orders, not to existing ones. Given that practitioners are only paid at the conclusion of a case, this mean that solicitors and barristers will not benefit from the increased fees in many new cases until 2024 or beyond, when those cases can be listed for trial by the Crown Court. Practitioners are doubly affected by delays in listing, in turn exacerbated by the pandemic and the government’s delay in applying the proposed uplift in fees. A further major concern expressed by my Committee, and other professional bodies, is that the 15% minimum increase recommended by Sir Christopher could not have taken into account the extraordinarily high current rate of inflation – around 11% at the time of writing. It is quite possible that the bare minimum increase of 15% now falls short of what is required. We are living through a crucial period for the future of criminal legal aid. The government’s actions in the coming months will determine whether there is a viable market for criminal legal aid services in the future. The importance of those services is far more significant than simply securing representation for those accused of crime: it extends to the functioning of our criminal justice system as a whole, to safeguarding victims and witnesses, and ultimately to protecting the society in which we live. The issue does not affect those in the defence community alone. Many members of BLS who are colleagues at the Crown Prosecution Service have raised their concern about the impact of insufficient funding as on the future viability of a robust defence community. It is in the joint interest of players in the criminal justice system to ensure that defendants are properly represented.
SOCIAL MOBILITY: KEEPING THE DOOR OPEN
On 28 June, Birmingham Law Society hosted its inaugural social mobility conference in partnership with Squire Patton Boggs writes Alice Kinder. The aim of the conference was to have an open and honest discussion about the reality of socio-economic diversity within our legal community and to consider how we can collectively work together to move forward in a productive way. An individual’s socio-economic background can have a significant impact on their ability to access and succeed in a legal career. A recent report from the Bridge Group showed that students from lower socioeconomic backgrounds are less likely to be accepted at 80% of the top 20 selective law schools. It also showed that the legal profession is far behind its counterparts in socio-economic diversity. The research concluded that 62% of staff in the legal profession come from a higher socio-economic background, compared to 48% of accountants, 41% of engineers and 33% of the workforce generally. For those from lower socio-economic backgrounds who do not have pre-existing connections or mentors, entering the legal profession can be difficult and the issues do not stop when someone gets into university or secures their first job. There may be jargon or etiquette that someone who does not have a professional network or has not encountered an office environment may not understand and without proper explanation and guidance, this could very easily hold them back. Research from the Social Mobility Commission has shown that where they enter a professional role, those from the poorest backgrounds earn in the region of 17% less than their colleagues from more privileged backgrounds. In Birmingham, a city filled with cultural diversity and positive change, this is concerning.
In the current economic climate, law firms are under more pressure to demonstrate positive values than ever before. In order to thrive, they will need to become more innovative and creative which they can only do with diversity of thought. Improving social mobility will not only help talented individuals to progress and access the opportunities they need to move forward, but it will also ensure that the success and development of our society is not restricted by its socioeconomic profile. However, the social mobility agenda is very young. Whilst we have seen a lot of progress in recent years, social mobility is not yet consistently at the forefront of diversity and inclusion strategies and this needs to change. At Birmingham Law Society, we want to support our members to consider what we can all do differently to make a positive impact. We have an active Social Mobility Sub-Committee which aims to organise events and disseminate guidance to ensure individuals from all backgrounds have access to the resources and advice to make an informed decision about a career in law and progress their aspirations. The recent conference brought together individuals from all areas of the Birmingham legal community alongside some fantastic charities to share their ideas and experiences. The key now is that the conversation continues. In order to open the door for aspiring legal professionals, we must keep our own doors open to honest reflections. If you are interested to learn more about social mobility initiatives within Birmingham Law Society and would like to become involved or collaborate with us, then please get in touch with Alice Kinder.
