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Defending legal aid

Friday 19 June 2009

The Law Society's objective is to persuade the government to guarantee an adequately funded legal aid system ensuring quality representation and access to justice for all. Our What Price Justice campaign is supported by many of the most influential lobbying organisations in the country.

Latest news

June 2009

Law Society slams BVT proposals

The Law Society has voiced its grave concern over the Legal Services Commission's best value tendering proposals. We have pointed out in our consultation response that access to justice is at risk as the government ploughs on with its reckless approach to the scheme.
Read the full press release
Read our consultation response

Auction of legal aid work: Society warns of dangers

In an interview with The Times, the Law Society has warned that the government decision to award legal aid contracts to the lowest bidders could lead to about 800 legal aid firms failing to secure a contract and face going out of business. Law Society chief executive Des Hudson said: 'What is being proposed is potentially very dangerous from the point of view of clients, our criminal justice system and the taxpayer.'
Read the full article in The Times

Conservatives would suspend national rollout of BVT

The Law Society has welcomed the news that a Conservative government would suspend the national rollout of best value tendering for criminal legal aid services, following the Society's vocal arguments against the scheme.
Read our full press release
Read more in the Gazette

Petition to scrap BVT for criminal defence services

You can sign a Number 10 e-petition asking the prime minister to scrap the move towards best value tendering for publicly funded criminal defence services.
View the petition – deadline: 6 July

BVT proposals: report echoes our concerns

An independent report has echoed many of the Law Society's concerns about the Legal Services Commission's best value tendering (BVT) proposals. The report by expert economists LECG concludes that the proposals could have a profound effect on the provision of criminal defence services. We urge practitioners to respond to the LSC's consultation, which closes on 19 June.
Read the report's findings

Defence fee caps: Society slams proposals

The Law Society has reacted with shock to government proposals to cap all costs awards at legal aid rates for acquitted defendants who have paid privately for their defence. This will have a huge impact on access to justice for clients and the sustainability of legal aid services.
Read more

Crown Court means testing: proposals criticised

The Law Society has criticised government proposals for Crown Court means testing, saying they could deny vulnerable people access to justice and that the proposed timetable is unrealistic.
Read more

May 2009

BVT consultation: appeal for mass response

The Legal Services Commission is currently consulting on proposals for best value tendering (BVT) for criminal legal aid defence services (CDS). The Law Society is urging all legal aid firms to respond to the consultation. BVT could profoundly affect both the provision of criminal defence services and other legal aid services carried out by firms that undertake CDS work.
Read more
Read the consultation documents

Best value tendering survey results

The Society has undertaken a survey of firms on the BVT proposals. Of the 390 firms that responded, six in ten stated that if they obtain a BVT contract they believe their income will decrease, and only 1% thought that it would increase. One in ten respondents stated that they would cease doing any civil legal aid work if they fail to get a contract. The Law Society is concerned that there is insufficient time for legal aid firms to acquire the expertise needed to participate in a complex bidding process. This concern is borne out by three quarters of survey respondents, who felt that they do not currently have the financial expertise to deal with the process.
Read the survey results (PDF, 66kb)

Competition law note

The Law Society is aware of the strong feelings amongst practitioners with regard to the BVT proposals. Firms should be aware of the constraints of competition law and must respond independently to the consultation. The Law Society's internal legal team has outlined the competition law principles applying to the Society and to any other representative body or group of firms.
Read the note on competition law (PDF, 53kb)

Law Society CEO slams BVT roll-out

Law Society chief executive Des Hudson has slammed the Legal Services Commission's consultation on best value tendering (BVT) for criminal legal aid, describing it as having potentially 'profound repercussions' in his speech to the Criminal Law Solicitors Association.
Read the full speech

Best value tendering: what it means for you - see the video

If you missed our live debate on the LSC's BVT proposals for criminal defence work, you can now view the free video of the event. Key speakers discuss the implications for firms and answer questions from the audience.
See the video

Legal aid tendering: free seminars

Attend our free regional seminars to get advice on the latest Legal Services Commission requirements for contract terms, payment structures and the tender process.
Full list and booking details

New legal aid books: order online

Two new titles from the Legal Action Group are available to order online in our bookshop:

Making Legal Aid Work – a comprehensive guide to the civil and criminal legal aid scheme.
The Justice Gap – an examination of the origins and history of legal aid as well as New Labour's attempts to reform the system years on.

Access to Justice Review

To mark the 60th anniversary of legal aid, the Law Society is launching a review into the provision of publicly funded criminal and civil legal services in England and Wales. The Access to Justice Review will look at the principles of access to justice; and the funding, procurement and delivery of legal services.
Read more

April 2009

Family funding 2010

The Law Society has issued its consultation response criticising the Legal Services Commission's proposals for family legal aid funding in 2010. We have proposed changes to the fee structure for private law work. On advocacy, we have suggested an alternative structure by which hearings are remunerated based on length of time listed.
Find out more and read our consultation response

Immigration disbursement claims: concession agreed

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.
Full details can be found on the LSC website

VHCC Panel

A working group comprising the Bar Council, Law Society, Legal Services Commission and Ministry of Justice has been meeting to design a new VHCC Panel scheme to replace the current scheme. An oversight group has also been established which will be chaired by Peter Handcock and will include Carolyn Regan, chief executive of the Legal Services Commission, Timothy Dutton QC, chairman of the Bar, and Andrew Holroyd, president of the Law Society.
Read the minutes

More legal aid information

E-mail updates

Useful resources

Community Legal Advice Centre tender process - consultants directory

Principal Registry and family courts key contacts

Legal aid toolkit

Merger, acquisition and organic growth toolkit

VAT on legal aid practice note

Debt relief order practice note

Unified Contract

Unified contract settlement

3 April 2008
The Law Society has agreed a settlement to our judicial review proceedings with the Legal Services Commission (LSC) and the Ministry of Justice (MoJ). It gives vital financial support to legal aid, and creates a much needed period of stability and certainty in which to prepare for the long term.
Read more
Summary of the settlement (PDF, 64kb)
Full settlement deed (PDF, 404kb)

Working groups

A number of working groups were set up under the Law Society's unified contract settlement with the LSC:

Quality Assurance Joint Working Group
This group will look at peer review and other quality assurance processes and procedures. It is jointly chaired by the Society and the LSC. Other participants include the SRA, the Institute of Advanced Legal Studies, Advice Services Alliance, the Ministry of Justice and Resolution.
Read the minutes of the meetings – LSC website

Contract Compliance Joint Working Group
This working group was set up to undertake a review of contract compliance audit (CCA) processes. It includes the Law Society, the LSC and the Advice Services Alliance, with input from the National Audit Office (NAO).
Read the final report