Aspiring criminal lawyers have been warned that they will not make a reasonable income from their work following the government’s response to legal aid reforms.

The government’s final response to Lord Bellamy’s independent review into criminal legal aid was today described as a ‘reckless’ ‘ill thought out’ decision and a ‘fatal blow’ to the justice system.

Lord chancellor Dominic Raab said the legal aid reforms - which total around £138 million - will ensure ‘lawyers are fairly paid for the vital work they do’.

The Ministry of Justice declared it was the biggest pay rise for criminal legal aid lawyers in decades, but firms have said the changes do not go far enough and leave the system ‘in danger of collapse.’

The independent review, published last year, recommended an immediate 15% uplift in fees. However, solicitor firms will see a total fee increase of around 11% for all criminal legal work.

The government announced an investment totalling £85m for solicitors in legal aid payments as well as £43m for barristers and an additional £11m for expert fees.

The £138m package will include £16m to raise the lowest fees payable to solicitors representing clients in police stations and a £5m investment in the youth court.

Law Society president Lubna Shuja said yesterday that the ‘reckless’ decision to not implement the 15% criminal legal aid rate rise for solicitors meant a real-term cut in fees.

Her sentiments were echoed across the profession. Daniel Bonich, chair of the Criminal Law Solicitors Association, said: ‘Today’s announcement does little to settle the nerves of firms eying their bank balances and wondering how much longer their firms can survive whilst continue to lose money on legal aid work. The government have shown a disregard to sustainability, ignored their own report, squandered a chance to bring in efficiencies and sent a clear message that only industrial action reaps rewards.

‘We will continue to look at all options including unionisation of legal aid workers, and it is clear there is very little point in any further engagement with the ministry.’

Bar chair Mark Fenhalls KC added: ‘The criminal justice system only works when the whole system works. Our solicitor colleagues are clear that this announcement risks significant flight from criminal legal aid by solicitors which would leave the system in danger of collapse.

‘There is already a capacity crunch with too few people willing to undertake criminal work and no one wants to return to the days where barristers decline to prosecute where they have a choice.’

Fadi Daoud, president of the London Criminal Courts Solicitors’ association said a ‘critical opportunity’ to revitalise the profession had been missed. ‘We needed an instant cash injection of minimum 15% to keep us viable. Instead, the illusion of a claimed 11% increase has been slapped before us. With soaring inflation, a cost-of-living crisis and against a backdrop of years of pay cuts, it’s an insult to the professionals who provide vital legal advice in police stations and courts across England and Wales.

‘This short-sighted, ill-thought-out remedy won’t deliver efficiency or even lasting savings.

‘As new president of the London Criminal Courts Solicitors’ Association, we offer an olive branch to Mr Raab to meet and listen to what is necessary to save, not kill off, the justice system.’

 

This article is now closed for comment.