Criminal barristers hold the line over legal aid boycott

28 Jul 2015News

CBA executive says it will monitor effect of national action on a weekly basis

The Criminal Bar Association (CBA) has announced it will continue direct action to support solicitors against controversial cuts to legal aid fees after fears it planned to end the 'no-returns' policy at the first opportunity.

The CBA held an emergency meeting last night to consider the protocol for solicitors boycotting new legal aid work that came into effect last week.

In a statement the association said it would continue to work closely with solicitors and listen to its membership, who is making considerable personal sacrifices in order to protect the public interest.

'We seek to maintain a high quality criminal justice system in which excellent public service is delivered by committed solicitors and a vibrant independent bar.

'We will continue to monitor the impact of the action nationally and the CBA will review matters on a weekly basis.'

The CBA said it would be monitoring the effectiveness of its 'no-returns' policy and ascertain how many unrepresented defendants are now appearing in the Crown Courts.

A message from the association's chairman, Tony Cross, last week advised that the executive had only been made aware of the protocol the night before crunch talks between the solicitors' groups and the Lord Chancellor - a meeting the CBA did not attend.

The protocol, issued by the Criminal Law Solicitors' Association (CLSA), London Criminal Courts Solicitors' Association (LCCSA), and the Big Firms Group (BFG), is to enable solicitors to return to lower crime work, such as police station and magistrates' court work, to maintain firms' cash flow and cover staff wages.

Tweeting after the latest announcement was made, Jonathan Black, president of the LCCSA, said: '[Hat tip] to the exec [CBA] despite knowing that they have the respect of Mr Gove have resolved to continue to fight solicitors' cuts.'

While Mark George QC - who was beaten in the CBA vice chair election by Francis FitzGibbon QC - wrote: 'No legal aid lawyer wants to be taking industrial action. We have clients to represent. But sometimes we need to stand up and say "enough".'

Remaining united

It had been feared by some criminal lawyers that the unity formed between the professions following the close shave vote in favour of no new work and 'no-returns' to support solicitors' action could dissolve.

The criminal team at Garden Court Chambers said last week they regretted that the CBA leadership appeared to be acting in conflict with the interests of the majority of criminal barristers by seeking to use the solicitors' revised protocol as an excuse to end the action.

'This is to be deplored,' said a statement on the chambers' website. 'The revised protocol remains targeted at the solicitors' fee cut and dual contracts. This action can only succeed if we stand united. We must defeat the fee cut and dual contracts to preserve the independent bar.

'We at GCN chambers remain committed to direct action and wish to make that public so that other members of the profession can have the confidence to do the same.'

Regulatory standards

Meanwhile, the Solicitors Regulation Authority (SRA) has advised solicitors planning action over criminal legal aid reform that required standards must continue to be met and clients remain protected.

In a statement, the SRA said that individuals and firms were bound to comply with regulatory requirements at all times, which new protocol issued by the LCCSA does not change.

The regulator said it has now finalised a 'detailed warning notice' indicating where regulatory standards could be compromised.

The SRA said it was concerned solicitors may not act in the best interests of each individual client, as required by the SRA Principles, should the protocol issued by the LCCSA be followed without fully considering the circumstances of each individual client.