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Family Solicitors

Barristers protect at Legal Aid cuts (10 February 2014)

Date: 10/02/2014
Duncan Lewis, Family Solicitors, Barristers protect at Legal Aid cuts

Barristers are warning that Ministry of Justice cuts in the Legal Aid budget could have implications for the justice system overall.

Some of the hardest hit cases resulting from Legal Aid reforms include family cases – and many women in divorce cases could be disadvantaged. In divorce cases involving domestic violence the emphasis placed on mediation could even mean abused partners may have to face their ex-partners during the negotiation process.

Homeowners also lost the right to Legal Aid to fight disrepair cases from 1 April, 2013 – meaning many leasehold owners may have to fund their own civil cases against freeholders who fail to repair and maintain properties.

Barristers recently staged a half-day protest over cuts to Legal Aid.

On Saturday (08/02/14), the Bar Council – the professional body which regulates barristers – held a meeting at Lincoln’s Inn for barristers, solicitors and law students under the banner ‘One Bar: One voice – United for Justice’.

Chairman of the Bar Council, Nigel Lavender QC, said before the meeting that the protest event was “a vital opportunity to demonstrate that the whole profession stands together in support of the rule of law and access to justice”, which he said were under “grave threat” from the government's proposed cuts to the Legal Aid budget.

The protest meeting was seen by the Bar Council as the profession’s last chance for law professionals to discuss their concerns before the Ministry of Justice finalises its plans to reduce the Legal Aid budget.

Lawyers fear budget cuts to Legal Aid will mean defendants and vulnerable individuals will not have access to high-quality representation.

Mr Lavender said:

“Under the Ministry of Justice's plans, these cases would no longer be conducted by the skilled and experienced advocates on whom our criminal justice system depends – and the publicly-funded Bar of the future would be significantly less diverse, resulting in less diversity in the judiciary in years to come.

“The greatest victims would be the public interest and the society which we seek to serve.”

The Ministry of Justice has said that even after the cuts Legal Aid budgets will remain “very generous”.

However, more junior barristers and solicitors may in the future be instructed for Legal Aid cases in order to save on legal costs, when in fact a complex legal case may require a more experienced barrister of solicitor.

Budget cuts by the Ministry of Justice may also deter talented but low-income students from entering the Bar as junior barristers traditionally earn very little in the early years of their career.

A spokesman for the Ministry of Justice said:

“We do not underestimate the challenge reform presents for lawyers, but there is severe financial pressure that makes it necessary.

“We are examining every area of the department's work to find savings – Legal Aid has not been singled out.

“We agree lawyers should be paid adequately for their work and believe our proposals do just that.

“We also agree Legal Aid is a vital part of our justice system – that's why we have to find efficiencies to ensure it remains sustainable and available to those most in need of a lawyer.”

Duncan Lewis Legal Aid Solicitors

Duncan Lewis is one of the UK’s leading firms of Legal Aid solicitors and can advise on Legal Aid funding for cases involving family law and children law, as well as housing.

For expert advice on Legal Aid funding for you case, contact Duncan Lewis Solicitors on 020 7923 4020.


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