I write in response to Mr Comport’s letter. I do not think he is ‘reactionary’ in respect of legal aid – he voices the legitimately held view of many people in the UK. I do however think he is misinformed.
The Legal Services Commission does take cost-effectiveness and prospects of success into account when granting or maintaining certificates. There have been times where an adverse barrister’s opinion has resulted in the withdrawal of legal aid from my clients even where: (a) I disagreed with counsel; and (b) the consequences of the withdrawal were (potentially) very severe.
Clients facing committal proceedings for alleged anti-social behaviour injunction breaches are funded through the civil legal aid system.
There is, in any society, a balance to be struck between ensuring legal representation for the poor and vulnerable and the costs of doing so. It is entirely fair and a valid contribution to the debate to suggest that legal aid is too easily granted (although if this is what Mr Comport believes he hasn’t tried to get a certificate lately), just as it is to point out the consequences of reducing the availability of legal aid.
Mr Comport thinks the consequences are fair and, in the current economic climate, inevitable. I detest what he says, but I will defend to the death his right to say it.
Howard Shelley, QualitySolicitors CMHT, Walsall
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