I’m delighted to report that the Law Society’s Excellence Awards were a tremendous success. Old Billingsgate, overlooking the Thames, made for a spectacular venue and Kirsty Wark from BBC2’s Newsnight was a great host. This year saw a record number of entries, and the awards are now widely considered to be the profession’s premier awards ceremony.
During these very difficult economic times, I and all the judges were particularly encouraged to see that a common thread running through all the entries from firms large and small was the range of innovative thinking and new ideas.
For many in attendance, I imagine the abiding memory was that of Donald Winton, who won 'Highly Commended' in the Legal Executive of the Year category. At the age of 84, Donald is still going strong, having first joined the profession in 1938. He went to work in the RAF’s legal operations during the war, then focused on matrimonial work following his discharge in 1946.
For me, the highlight was the evening’s finale: the awards for Solicitor and Young Solicitor of the Year. The winners, Saimo Chahal and Gulley Shimeld, are both exceptional talents. They epitomise everything that is great about our profession and are deserving winners.
Court ‘savings’ While the criticism of Mssrs Brand and Ross from parliamentarians of all hues has generated many a headline, in Parliament it was the more staid and sedate examination of the Ministry of Justice’s (MoJ) Annual Report by the House of Commons Justice Select Committee that caught my eye last week. This highlighted a potential criminal justice funding crisis that could affect thousands.
Giving evidence before the committee, Sir Suma Chakrabarti, Permanent Secretary at the Ministry of Justice (MoJ), confirmed recent newspaper speculation that the department has indeed been planning funding cuts to the tune of nearly £1bn.
The Times, which originally broke the story, listed a whole host of areas such as legal aid (yet again) that had been identified for cuts – or, in MoJ parlance, ‘savings’. While Sir Suma was at pains to emphasise that ministers saw this as a piece of ‘draft analysis’ it is easy to understand why others are calling it a ‘daft’ analysis.
A year and a half ago, following then Home Secretary John Reid’s now infamous remarks about the Home Office being not fit for purpose, the Law Society supported the creation of a ministry of justice – but only on the basis that it had to be properly funded, and that it had to work as an effective counterweight to the Home Office’s tendency to act tough to appease the popular press.
The early signs were certainly positive. In appointing Jack Straw as Secretary of State, the MoJ would be headed by Gordon Brown’s leadership election chief lieutenant, a man we hoped would be able to win funding battles with the all-powerful.
In the wake of the Prime Minister muttering the dreaded R word for the first time, and the credit crunch taking its toll on government spending, the central debate and question today is: will the Treasury’s demands for cost savings prevail?
Our view is a simple one. Of all government departments, it is arguably the MoJ whose budget should be least affected by economic vagaries. Recession or no recession, you cannot have a justice system on the cheap; the quality of legal representation cannot be dictated by whether the economy is in boom or bust. If the Treasury wants cost savings it should look no further than profligate government projects such as ID cards, HIPs and titan jails – not the already beleaguered court system.
Points-based system In previous podiums I have written about the vital contribution firms operating in the global market make to the legal profession. The reason our jurisdiction is so successful internationally is, of course, a product of many things: English law is transparent and predictable, English is the language of international business, and the experience and expertise of our lawyers is respected the world over.
Most significant of all, however, is that, just as we have advocated opening legal markets abroad, we have consistently practised what we’ve preached at home. The result? We can quite rightly boast that we have arguably the most open legal market in the world, and for this reason have been vocal about any potential changes that could see this status threatened, such as the changes to the qualified lawyer transfer test.
As unintended consequences of attempts to prevent illegal immigration, aspects of the current points-based system (PBS) for immigration may make it more difficult for firms to attract the best legal talent from the global labour market.
Migrants brought in to work in the legal sector are highly qualified, well-paid individuals who make a significant contribution to the UK economy. They are not the kind of workers who present a risk for abusing the immigration system for whom this legislation was designed.
We want our firms to be able to continue recruiting the best talent from overseas and to be able to move lawyers within international networks. For this reason we are continuing to make representations to government departments and agencies about the importance of getting the PBS right.
Pro bono weekNext week sees a whole series of events to mark the seventh annual pro bono week. Just as the Law Society’s Excellence Awards are firmly established in the legal calendar, pro bono week has become an important date in any Law Society President’s diary.
The history of pro bono work is certainly a wonderful story to tell, having been an integral part of so many lawyers’ lives for generations. For many years, high street firms across England and Wales have provided a wide range of pro bono work, which has been a vital part of the fabric of local communities.
Last year we published a survey that quantified in monetary terms, for the first time, the sheer extent of that contribution. The results were staggering, with the financial value of pro bono legal advice provided by solicitors across the profession estimated at nearly £350m over 12 months, which equated to approximately 2% of gross fee income.
Much of this work is ignored by the media. Pro bono week represents not only an opportunity to shine the spotlight on the good work of solicitors, but to promote pro bono work within the profession.
Paul Marsh is President of the Law Society.
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