The Legal Services Commission should not try to recoup legal aid money allegedly owing in cases completed decades ago, as solicitors’ files have long since been destroyed.

The Law Society, the professional body for solicitors, is concerned that its members are being penalised unfairly by the commission’s failure to reclaim money in a timely way. The commission is claiming repayment in cases dating back as long as 30 years, and, in the absence of the files, solicitors are unable to challenge the claims.

Kevin Martin, Law Society president, says solicitors should not lose out if they can prove they had adequate accounting procedures in place which would have ensured that cases were not closed with any money outstanding:

”The Legal Services Commission has a responsibility to retrieve money paid on account when no final bill has been submitted at the end of the case. However, law firms usually retain paperwork for six years. Solicitors should not be penalised for mismanagement which is not their fault. The commission should not reduce current payments if law firms can show they had proper billing procedures in place.

”The Law Society has asked the commission to justify its actions. This is an additional and significant financial burden on many legal aid firms already weighed down by bureaucracy in the system.”

For more information, journalists should call the Law Society Press Office on 020 7320 5884.