Virtual courts
Virtual courts – 16 October 2008
1. Introduction
1.1 Who should read this practice note?
All solicitors dealing with criminal cases.
1.2 What is the issue?
The Legal Services Commissions has invited some firms to register their interest in the virtual court pilot duty solicitor scheme, before the details of the scheme, including fee levels have been finalised and before a consultation on implementation is complete. This practice note details the issues you should consider in deciding whether to register your interest.
1.3 Status of this practice note
Law Society practice notes are intended to help solicitors comply with regulatory and legal obligations to a reasonable standard. They refer to duties which exist in professional conduct but they do not create or extend or define the scope of the duties of professional conduct. Solicitors should always refer to the principles, rules and guidance in the Solicitors' Code of Conduct.
This practice note will be updated with advice on the virtual court scheme when the details have been finalised.
For queries or comments on this practice note contact the Law Society's Practice Advice Service.
1.4 Terminology in this practice note
Must - a specific requirement in the Solicitor's Code of Conduct or legislation. You must comply, unless there specific are exemptions or defences provided for in the code of conduct or relevant legislation.
Should - good practice for most situations in the Law Society's view. If you do not follow this, you must be able to justify to oversight bodies why this is appropriate, either for your practice, or in the particular retainer.
May - a non-exhaustive list of options for meeting your obligations. Which option you choose is determined by the risk profile of the individual practice, client or retainer. You must be able to justify why this was an appropriate option to oversight bodies.
1.5 More information
1.5.1 Practice Advice Line
The Law Society provides support for solicitors on a wide range of areas of practice. Practice Advice can be contacted on 0870 606 2522 from 09:00 to 17:00 on weekdays.
1.5.2 Solicitors Regulation Authority
The Solicitors Regulation Authority regulates solicitors in England and Wales. It makes and enforces the Solicitors' Code of Conduct.
2 Advice summary
The Legal Services Commission (LSC) has invited some firms to register an interest in joining the virtual court pilot duty solicitor scheme. This letter went to firms doing duty solicitor work in the virtual court pilot area. It refers to fee levels and to the details of the scheme , and gives a deadline for responding of 31 October 2008.
It is for individual practices to decide whether to register their interest. In making your decision, you should consider whether you have enough information to make an informed decision.
Factors to consider include:
- Fee levels have not yet been finalised.
- Practical details for the scheme are not yet finalised, including the criteria for suitable cases.
- The Law Society and other representative practitioner groups are meeting the LSC on 20 October to discuss these issues.
- The consultation on contract changes for implementing the virtual court pilot scheme and on the detail of the scheme itself closes on 14 November.
This practice note will be updated with advice on the virtual court scheme when the details of the scheme have been finalised.