Criminal barristers say no to new work, but it's a close shave

The Criminal Bar Association (CBA) has voted in favour of no new work and 'no returns' to support solicitors' action.

The ballot by criminal barristers arrived after intense scrutiny from their solicitor counterparts, who claimed the Bar 'ignored call for unity' after the introduction of a further 8.75 per cent cut to solicitors' fees.

Criminal barristers voted in support of their colleagues by 982 votes to 795, a difference of just 187 voters, which equates to 55 per cent in favour and 45 per cent against. The executive will meet later today to determine the next steps in light of this result.

The ballot question specifically asked CBA members whether they would be prepared to refuse to accept new work with a representation order dated after 1 July 2015 and to follow a no returns policy.

Jonathan Black (pictured) and Bill Waddington, the president of the London Criminal Courts Solicitors' Association (LCCSA) and the chair of the Criminal Law Solicitors' Association (CLSA) respectively, were pleased with the decision.

In a joint statement the pair said: 'We now welcome the Criminal Bar, who have formally voted to take direct action against the cuts which they recognise have a direct effect on their ability to provide a quality service. We would hope that ultimately we can sit down together as a united force and ensure that the Lord Chancellor will listen to the solicitors and barristers, who have traditionally formed formidable teams at the heart of the criminal justice system.

'Few people provide services as a legal aid solicitor or barrister unless they are passionate about access to justice and the rule of law. The purpose of our action is to ensure we can provide a quality service to those entitled to publicly funded representation from the police station and magistrates' courts through to the crown court and beyond.

'The solicitors who have participated in the action over the past fortnight have shown that they have been prepared to make huge sacrifices in order to demonstrate that the cuts are simply inequitable, unsustainable and wrong. The most recent legal aid spend figures prove this to be the case.'

The CBA executive has already circulated a protocol for no returns in the light of the fact that some sets have already indicated a desire to adopt the no returns policy.

To avoid professional conduct implications, the CBA says there needs to be an opportunity to inform professional and lay clients, and to make representations to court managers and judges that cases be rescheduled to avert clashes that can be identified in advance. The CBA executive will consider how best this might be achieved at its meeting this evening.

Laura Clenshaw is the managing editor of Solicitors Journal

@L_Clenshaw