Criminal legal aid protest a 'waste of time', Sinclair says

Franklin Sinclair, senior partner of Tuckers, described yesterday's unprecedented protest by criminal lawyers across the country as "a waste of time and possibly counter-productive".

Sinclair said staff at Tuckers, the biggest criminal legal aid firm, did not take part in the half-day 'strike' which left many courts deserted.

"All our solicitors went to court and they all wanted to," Sinclair said. "We gave them the choice. They did not join the pickets or placard-carriers."

Sinclair said that although the protest "raised publicity", it was "very barrister-dominated".

He went on: "I don't think the best way to get public sympathy is having a lot of fairly posh people with wigs standing in front of courts.

"They're not the people who get up at three in the morning to deal with drunk or mentally ill people at police stations.

"Every article on the protest I read finished with the MoJ saying we spend more than any other country on legal aid. It's a myth, an unfair comparison, and they know that, but they've taken the opportunity to make the point."

Sinclair said a full day's protest every month would be "a different thing", and "much more of a threat" to the system.

"I'm not advocating it, but it would have to be more organised, with solicitors and barristers together."

Sinclair also backed the idea of a work to rule, aimed at the CPS. Solicitors in Liverpool voted for a work to rule yesterday, to force the CPS to comply with the time limits set out in the criminal procedure rules.

"Many years ago, I advocated this," Sinclair said. "We don't need to strike, but just withdraw our help from the criminal justice system.

"You must get everyone signed up and give them clear instructions on what they have to do and what they don't need to do.

"People would do their duties under the criminal legal aid contract and as an officer of the court, but nothing above that. We can be totally unhelpful and stroppy as long as we fulfil those two obligations."

Sinclair added that his preferred tactic was to wait until the MoJ had published its response to the consultation, possibly in the first week of February, and then decide what to do.

Bill Waddington, chairman of the Criminal Law Solicitors Association, said there was "outstanding" support for yesterday's protest, by solicitors and barristers.

He said that in Hull he joined 30 solicitors and a dozen barristers, in protests outside the magistrates court and later the Crown Court.

Waddington said the work to rule backed by criminal lawyers in Liverpool was an "excellent idea" and something "very similar" would be discussed at a CLSA meeting on Friday.

"In the vast majority of cases, the CPS simply does not comply with the rules and goes unpunished," Waddington said.

He added that whether further protests would be held depended on the MoJ's response to the criminal legal aid consultation.