The Law Society were partially victorious in their recent challenge of taking the Government to Court over defence solicitors’ pay.
Furthermore, the independent professional body for solicitors in England and Wales, were successful in their claim that the former Justice Secretary, Dominic Raab, had acted irrationally in failing to ask whether giving solicitors less than the amount recommended by the Criminal Legal Aid Independent Review (CLAIR) was lawful.
In 2021, CLAIR recommended an increase in criminal legal fees of at least 15%. In 2022, the Government awarded solicitors a 11% increase, which was 4% short of the amount that had been recommended.
System on brink of collapse
Legal Aid pays lawyers to represent those who cannot pay for legal advice themselves. It is a key part of the criminal justice system because it saves court time and generally makes sure that most suspects who should plead guilty to a crime do so. The sector is woefully underfunded and with a reported 1,400 duty solicitors quitting since 2017 because of the continued low rates of pay, it is essentially a system on the brink of collapse.
Whilst the judgment has not overturned the 11% increase, it does place huge pressure on Mr Raab’s successor Alex Chalk to rethink how much solicitors are paid in the legal aid system. It also flags up the problems associated with such a poorly paid part of our legal framework.
Not enough
Jas Thiara, Head of Criminal Litigation at Alsters Kelley said. ‘We were pleased with the result of this court case. Like many other law firms and bodies, we were expecting the recommended increase, not what we ended up with. We remain hopeful that the Government will look again and decide that the only way for this much needed system to survive is by giving it more funding.’
Jas continued. ‘Legal Aid work has been under funded for a long time. The knock on effect is that recruitment, particularly into Criminal Litigation & Children & Families Public Law is exceedingly difficult, because they are by far some of the least well paid roles in the legal profession.’
Contact us for support and advice
If you want timely help and advice for any criminal litigation or motoring offences, with or without legal aid, please get in touch. We are also very accessible too, thanks to our network of offices covering Coventry, Leamington Spa, Nuneaton, Stratford-upon-Avon and Southam. Tel 01926 356000 or email: enquiries@alsterskelley.com.
Please call 02477 710 241 to speak to a member of the team and to make an appointment with one of our criminal lawyers at any of our six offices.
Jas Thiara
Jas joined Alsters Kelley in 2006 and was appointed Associate Solicitor with the firm in June 2007 and is also Head of the Criminal Litigation & Motoring Offences Department.
02477 710200
jas.thiara@alsterskelley.com