Responding on best value tendering

The Law Society responded vigorously to Legal Services Commission (LSC) proposals to introduce best value tendering (BVT) into criminal legal aid procurement, warning that many firms could go out of business as a result. We warned that criminal legal aid lawyers would be at risk of extinction if BVT was introduced as law firms would be forced to abandon training programmes and other overheads to be able to offer low tenders. We argued that too many questions were unanswered and that the LSC had failed to explain how quality would be ensured or, indeed, that it would provide any savings. The LSC’s proposed pilot will only deal with the tendering process rather than the results and the LSC appears to have reneged on assurances given last year. We will respond vigorously to the proposals and do all that we can to support the profession.  

We surveyed legal aid practitioners and held an online seminar to discuss the issue with them in more depth. Fifty-eight per cent of survey respondents said BVT criminal contracts would lead to a reduction in their income, and 74 per cent said they felt they lacked the financial expertise to deal with the bidding process.  We held a series of legal aid roadshows across England and Wales to highlight the latest developments in BVT and other issues and to explain the Law Society’s position.

Very high cost cases

Following Law Society objections the Ministry of Justice (MoJ) has changed plans that would have given judges inappropriate powers to deal with delay in very high cost cases. Instead of judges being given the power to order the withdrawal of representation, the MoJ now proposes that the LSC’s Complex Case Unit will investigate cases where the judge suspects that a representative has insufficient capacity to deal with a case appropriately. The MoJ has also listened to practical concerns around the previously suggested three week time limit for the appointment of a new lawyer, and now proposes to allow the trial judge discretion over the timetable. 

Crown Court means testing and costs from central funds

We responded strongly to proposals to introduce means testing into Crown Court cases and to reduce the availability of costs from central funds. These are likely to have serious repercussions for clients and for access to justice.

Family legal aid funding from 2010

Despite LSC assurances that most firms would benefit under new funding proposals, our survey showed that practitioners feared they would be worse off. While we agree with the LSC’s overall policy to harmonise rates for advocacy on a cost neutral basis, we will only support the proposals if they are implemented properly with rates set at the correct level. Following lobbying by the Law Society the LSC agreed to extend the help it provides to firms on individual impact assessments. Our response to the LSC’s consultation was critical and suggested an alternative structure by which hearings are remunerated based on length of time listed.

Concession of immigration disbursement claims

Following lobbying by the Law Society and other representative bodies, the LSC has agreed a concession to allow claims for disbursements in ongoing cases. The concession only applies to disbursements incurred up to 31 September 2008 in cases commenced before 1 October 2007. Claims must be made before 20 August 2009.

A vision for the next 60 years

The sixtieth anniversary of legal aid prompted many to reflect on the system’s success to date and to consider its chances for the future. Lord Bach and Lucy Scott-Moncrieff joined a panel of eminent speakers chaired by Polly Toynbee at the Law Society to debate the challenges faced in constructing a system for the twenty-first century. You can see a film bringing together the highlights of that debate on our website.

To mark the anniversary the Law Society is also conducting a review into the provision of publicly funded criminal and civil legal services in England and Wales. The profession faces major challenges from inadequate funding and from the likely entry of others into the market. The review will look at all aspects of the service and seek to maintain solicitors’ roles as crucial providers of legal advice and representation for those who need it. A preliminary report, to be published in 2009, will investigate the principles of access to justice, and the funding, procurement and delivery of legal services. A public consultation will follow with a final report being delivered in 2010.