The Young Legal Aid Lawyers group has called on the government to put quality of service at the heart of any new legal aid scheme to safeguard the rule of law.
In a briefing paper to the Ministry of Justice, which is carrying out a review of the provision of legal aid, YLAL said the government must protect the availability of quality legal advice and representation to all to ensure the justice system is fair.
‘Failure to ensure this will lead to injustice that will undermine the integrity of the system,’ it said.
YLAL claimed the current system, with fixed fees, the increasing use of paralegals, low levels of supervision and a lack of robust quality controls, is failing to promote quality legal services
The paper said good quality legal services at first instance saves costs, and ensures the law is enforced and respected. In contrast, it said, ‘poor advice and representation is worse than useless’.
If the state is working efficiently and in accordance with the law, YLAL said it is likely to make better decisions, which means the government will spend less on lawyers to correct bad or unlawful decisions.
The group warned: ‘The alternative is unchecked power, greater public expense, absence of accountability, increased discrimination and domineering governance that ignores the needs of the individual.’
It said: ‘The dynamic and independent structure of legal aid provision in England and Wales is ideal for promoting quality through clients’ freedom to choose the best provider.
‘This must be protected by ensuring that firms remain financially viable and are subject to robust quality measures.’
An MoJ spokesman said: ‘There have been a series of major [legal aid] reviews over the last few years. It is now time for action to return long-term stability to the legal aid system and protect the vulnerable users of our justice system."
He added: ‘We must consider how to make a more efficient legal aid system which is focused on those who most need it, within the necessary financial constraints.’
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