The criminal bar should end its ‘foolish and misguided strike’ over legal aid funding, the managing director of a West Midlands law firm has said – as barristers vote on whether or not to commence a full-blown strike.

In a press release sent to editors yesterday, Vienna Kang said it is being forced to recruit in-house counsel due to the strike, which commenced on 27 June. 

'The firm currently has two offices but to coincide with the commencement of the new legal aid contract on 1st October 2022 and demonstrate its continued commitment to criminal legal aid shall be opening several more offices around the country later this year,' the press release stated.

Iqbal Singh Kang, principal solicitor and managing director, said the continuation of strike action at a time of government change and uncertainty was ‘foolish and misguided’. Crown court cases are being repeatedly adjourned without an end in sight and continued uncertainty from adjournments and postponements ‘is causing considerable anxiety and distress' to complainants, defendants and witnesses.

Iqbal Singh Kang

Iqbal Singh Kang

‘We have experienced a significant deterioration in the mental and psychiatric health of defendants from continued adjournments due to the lack of representation by counsel in the Crown court.’

As well as calling for an end to the action, Kang urged the Criminal Bar Association to enter into fresh negotiations with the government once the new leader is elected. ‘Trying to negotiate with the government now is like trying to negotiate with a dead man,’ he said.

Principal solicitor Martin Smith said the firm was initially supportive of the criminal bar taking some industrial action ‘but now that there had been some discussion of an all-out strike, the time had come to recruit counsel to ensure that clients shall be fully represented in-house obviating the need to refer cases to the independent bar.

‘Whilst there appear to be counsel at the independent bar who are untroubled by the prospect of unrepresented defendants in the criminal justice system, we are taking steps to protect the interests of our clients by ensuring that they shall be properly represented in court,’ he added.

Barristers are currently being balloted on whether to commence an ‘uninterrupted’ strike on 5 September – when the new prime minister is expected to be in post. The CBA ballot closes on Sunday and the result will be announced the following day.

 

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