Update for Liverpool Law Society from Beth Quinn, Key Account Manager – the Law Society
CRIMINAL JUSTICE
Cuts to legal aid will bring chaos to criminal justice
The Law Society has responded to the government’s final response to the Independent Review of Criminal Legal Aid. The review recommended a 15% rate increase for solicitors but the government’s package only amounts to 9% rising to 11% in 2024, which is a real terms cut.
The justice secretary has completely rejected the advice of the government’s own independent review of the crisis in the criminal justice system by imposing a cut on fees that have been frozen since the 1990s.
The number of duty solicitors and criminal legal aid firms continue to fall at an alarming rate – with several police station schemes on the verge of collapse. Law Society analysis suggests that the number of duty solicitors will decrease by another 19% by 2025 (687 fewer duty solicitors) and the number of firms doing criminal legal aid work will decrease by 16% (150 fewer firms), leaving many people without access to a lawyer when they desperately need one.
The Law Society has warned those entering the profession considering a career in criminal defence practice is that, given the current situation with criminal legal aid, it is highly unlikely that they will be able to generate a professional income from this work. Solicitors are under a professional obligation to make sure they manage risks to the financial stability and business viability of their practices. It will be for each firm to make its own assessment as to its own individual circumstances. For many firms, continuing with a criminal defence practice in the absence of the basic funding Bellamy identified as essential for sustainability may be incompatible with their professional obligations.
The Law Society will continue to explore options for saving the system, including a legal challenge of the decision.
> Read our Press Release
> Read the government response
> Further information on the looming crisis facing criminal duty solicitors
> Law Society practice note on rejecting un-remunerative publicly funded criminal work
REGULATORY
Changes to the Legal Ombudsman’s Scheme Rules
The Legal Ombudsman (LeO) recently announced its Scheme Rules will be amended from 1 April 2023. Firms should consider any internal changes that may be required so that these may be in place by 1 April.
Over the coming months LeO will be drafting and publishing guidance, including FAQs, on the Scheme Rules changes to ensure that firms and members of the public are aware of how the changes might impact on them or their complaint.
SRA launches a new consultation on the future of the Solicitors Indemnity Fund
The SRA has launched a new consultation on the future of the Solicitors Indemnity Fund (SIF) and post six-year run-off cover (PSYROC). The new proposals would retain the current levels of protection but close the independent company that manages SIF – bringing a PSYROC scheme in-house.
>Read more about the Law Society’s position
DIVERSITY & INCLUSION
Celebrating 100 years of women solicitors
Last week the Law Society held a 100 Years of Women in the Law celebration. The reception was attended by leading women from across the legal profession and generations, MPs, diversity and inclusion professional and other key allies.
The event and wider campaign offer a unique point in time to celebrate the achievements of the first women solicitors and to reflect on the profession’s progress since 1922, whilst encouraging honest and open conversations about the issues women solicitors face. The event was also a call to action for the progression to address the barriers through proactive and systematic approaches to diversity and inclusion which will deliver lasting change.
The speeches from the evening were live streamed (and are now also available to play at leisure). Our speakers were:
- The Attorney General, The Rt Hon. Victoria Prentis MP
- Lubna Shuja, President of the Law Society
- Dana Denis-Smith, CEO Obelisk Support, Founder, First 100 Years and Council Member at the Law Society
- Amandeep Khasriya, Senior Associate, Moore Barlow, Vice Chair of Women Solicitors Network (Host)
100 years of women solicitors – YouTube
New research into male mental health in the legal profession
LawCare recently published its findings relating to male mental health within the legal profession. The legal mental health charity released the findings of its all-male focus group which took place on 19 July 2022 in a bid to better understand the needs of men in law and the mental health support they need in the workplace.
The focus group was composed of a diverse range of barristers, partners, mid-level and junior associates, in-house lawyers and those in support roles from across a range of jurisdictions.
OPEN CONSULTATIONS
We respond to consultations from government departments and other organisations to influence changes in the law on behalf of our members. Find our latest consultation responses on our website.
Our latest responses include the: Independent Human Rights Act Review call for evidence; SRA approach to financial penalties; Civil Justice Council costs consultation; and the increasing use of mediation in the civil justice system.