The government's proposals for price competitive tendering of legally-aided criminal defence services are unworkable, the Law Society has said in its response to the MoJ's consultation paper 'Transforming Legal Aid'.
The Law Society studied the practical implications of the proposed changes, drawing upon two independent analyses of the proposals. The Society concludes that the proposals are so unworkable and damaging that they are likely to push the justice system beyond breaking point to a devastating collapse.
The Society says that the government's flawed proposals:
- would improperly restrict a client's ability to choose their own lawyer
- would diminish the quality of justice
- are impractical to achieve in the timescales
- are uneconomic both for existing firms and new entrants.
Law Society president Lucy Scott-Moncrieff said:
'The removal of client choice is a red line. We believe, on the advice of leading counsel, that it is unlawful. Even if the government was able to overcome the legal problems, it remains wholly undesirable for clients, firms and the taxpayer.
'The right of clients to choose is one of the main drivers of quality in the system, as well as helping it to run more cheaply and efficiently. For instance, lawyers who know their clients do not need to take a full history each time. A client is more likely to trust a lawyer if they have chosen them and know they could choose someone else. Clients are therefore more likely to accept advice to make admissions in the police station, or to plead guilty, where these are the appropriate courses of action. Combined with the cut in fees, the potential impact on the quality of justice in this country is profound.'
The Society commissioned analysis from Andrew Otterburn/Vicky Ling and leading business advisory firm Deloitte.
Scott-Moncrieff said
'This independent evidence shows that one assumption in the Ministry's consultation is correct: the supplier base is too fragile to survive a straight cut in rates without significant restructuring of the market. It also reinforces our view that these proposals, are less likely to support that restructuring than to cause the system to collapse. It is not economically or practically possible to deliver what the Ministry is demanding, for the price, and in the timeframe, that the MoJ has proposed.'
The Law Society has accepted that the Ministry of Justice is working under significant political and economic constraints. But the Society's response to the consultation asserts that this proposal will fail to deliver what the Ministry needs.
Lucy Scott-Moncrieff continued:
'We believe that there are ways the Ministry can achieve savings with significantly less risk of doing catastrophic damage to the criminal justice system.
'We are ready to discuss alternative solutions, if the Ministry will do so in good faith, but there are some principles from which we will not shift. Alternative approaches must retain the right of clients to choose their lawyer, encourage the market to develop organically over a reasonable time period, and embed quality in the system.'
Read the consultation response
Ends
Notes to editors
The Law Society is the independent professional body, established for solicitors in 1825, that works globally to support and represent its members, promoting the highest professional standards and the rule of law.
Contact: Catherine Reed, The Law Society
+44 (0)20 7320 5902