Solicitors have accused Dominic Raab of imposing a “real-terms” pay cut for legal aid work, warning this will lead to “chaos” in the justice system.
The Ministry of Justice (MoJ) said it was giving solicitors the “biggest boost to their pay in decades”, amounting to an overall 11% rise in legal aid fees at a cost of £85 million.
But the Law Society of England and Wales claimed the Justice Secretary had “completely rejected” the advice of the Government’s own independent review into the legal aid system, which recommended an immediate 15% rate rise.
Until the Government chooses to address the crisis in the criminal justice system, victims will continue to be let down, court delays will increase and talk of being tough on crime will be nothing but empty words— Law Society
Lawyers may quit and firms could close down as a result, the body which represents solicitors warned.
Mr Raab said: “We are reforming criminal legal aid so our lawyers are fairly paid for the vital work they do delivering high-quality legal support for those who need it.
“We have taken on board the recommendations of the independent review and are modernising the system to deliver justice for victims now and in the future.”
But Law Society president Lubna Shuja said Mr Raab has “thrown down a gauntlet to the profession” and accused him of making a “reckless” decision which will put the future of lawyers in “jeopardy”.
She said: “He is imposing a real-terms cut on fees that have been frozen since the 1990s.
“Numbers of duty solicitors and criminal legal aid firms continue to fall at an alarming rate – with several police station schemes on the verge of collapse.
“Access to justice – including the fundamental right to representation at the police station – is in serious peril and the Government is ignoring the threat.
“Until the Government chooses to address the crisis in the criminal justice system, victims will continue to be let down, court delays will increase and talk of being tough on crime will be nothing but empty words.”
In the wake of the criminal barrister strike, the Law Society warned the Government’s decision could see solicitors also resorting to “disruptive tactics” and said it was considering a legal challenge to the plan.
Even though the overall percentage rise is lower for solicitors, they will receive double the money provided to barristers who were given a 15% rise (£43 million), officials stressed.
Fees for some aspects of work will see a higher percentage increase but they could also be lower in others. Pay will increase immediately for some work but rises across the board may not been fully introduced until 2025-26.
As part of the “wide-ranging” reforms announced on Wednesday, which will see a total extra £138 million spent on legal aid every year, the MoJ said there would be an overhaul on how the funding is paid to reflect time spent on complex cases.
In findings published last year, the now Lord Christopher Bellamy KC recommended increasing criminal legal aid funding – which pays for representation during police investigations and in court for suspects who cannot afford their own – by “at least 15%” for solicitors and barristers as soon as possible.
His report warned the sum was the “minimum necessary as the first step in nursing the system of criminal legal aid back to health after years of neglect.”
“I do not see that sum as ‘an opening bid’ but rather what is needed, as soon as practicable, to enable … the whole criminal justice system to function effectively, to respond to forecast increased demand, and to reduce the backlog.
“I by no means exclude that further sums may be necessary in the future to meet these public interest objectives. There is in my view no scope for further delay,” he added.
