Defence strategy: Leading from the top

Rob Rode is good at adapting his game plan. In the Darwinian world of criminal legal aid, that is a useful attribute. 

Rode heads ABR Solicitors – a top tier firm regionally renowned for its expertise in criminal law, fraud and regulatory law. Headquartered in Leeds, it also has an office in Liverpool, plus an appointment-only satellite office in London. Rode and his colleagues are highly acclaimed, with Rode variously described by clients as “a complete legend” who “loves to win” and “a terrier that never stops digging”. 

But like many in this sector, the firm has faced its fair share of challenges. In 2013, it was staring down the barrel of a government plan for sweeping reform intended to slash the number of criminal legal aid practices from 1,600 to 400. Under the plans, the country would be split into 42 procurement areas, with firms to bid against each other for the contracts in a competitive tender. Size was all.

At that point, ABR was part of highly respected Leeds firm Clarion. Clarion itself was created by a management buyout of local firm McCormicks in 2007, of which Rode was part. In 2010, aware of the geographic expansion that would be needed to be able to bid for the new bumper legal aid contracts, Clarion had set up a separate division, Clarion Advocates, which rapidly expanded to include offices in Liverpool, Harrogate and Keighley.

In 2012, the name was changed to ABR. Then in 2013, Rode led a management buyout of ABR, which became an entirely separate firm. 

Rode acknowledges that doing a management buyout takes “balls”. He says: “Things don’t necessarily go smoothly initially, but you have got to learn to negotiate, and we came out of it still talking to each other. Between ABR and Clarion there’s a great relationship, and that’s a testament to all of us. We send clients to each other.”

ABR had now put itself in a good position to embrace the sweeping changes to criminal legal aid, but things didn’t go to plan. “We were completely geared up for the [new-style legal aid contract] tender in 2014/15 and we were successful on that tender. But then it didn’t materialise,” recalls Rode. 

The controversial new tender, which had been championed by then justice secretary Chris Grayling, was subject to fierce legal challenges from the profession. In 2016, the planned reforms were abandoned by Michael Gove, who served as justice secretary from 2015 to 2016.

But where did that leave ABR? When the hefty new contracts that it had won did not come into existence, “we had to cut our cloth accordingly,” says Rode. Achieving maximum efficiency was essential. “We set the business up as paperless – we were paperless in 2013. The Crown still served by paper, but we scanned [the documents] and put them on our system… That then meant that if we acquired a practice, we could easily get it set up on the system. We could have satellite offices, supported by a back office.”

The Keighley office was shut down after the local court and police station were closed. “But we’re still able to service those clients from the Leeds base,” insists Rode. On 31 March 2020, ABR also closed its North Yorkshire office. “It made far more sense to service our North Yorkshire client business from the wider Yorkshire base. We retained all the staff, who are all working out of West Yorkshire,” he explains. 

The 2014 contract tender had allowed firms to bid for contracts on the basis that they would be setting up greenfield sites in the relevant area. “But what we have learnt is that without a client following and someone who is in situ, it’s very difficult to establish a greenfield site,” remarks Rode. 

“You can’t build a criminal practice fully on the basis of duty work. You’ve got to have a name there, or buy an established brand, so you can be ‘ABR incorporating X’ for a while, or you take an established team and build from that.”

In the ever-shifting sands of criminal legal aid work, it’s essential to be agile enough to change direction. A key part of this is having a firm grip on the firm’s latest financial position; which also gives the bank confidence that the firm can react quickly to events. 

“We’re run like a commercial practice, with monthly management accounts,” says Rode. It is also a small board, with just four members. “So we are very nimble, and we liaise with the bank when we need to. We can make quick decisions.”

That also means that the firm can swoop down on new practice areas where the opportunity presents itself. In 2014, for example, it recruited partner James McAulay, who brought with him a mental health practice that the firm is now growing, for clients who have been detained under the Mental Health Act. It is legal aid work, but civil rather than criminal.

In 2019, ABR took over local firm O’Garra’s. “That had a prison law team, so we acquired that and developed it… Then [Salford firm] Carter Moore went into administration and we acquired their work in progress.”

Is it difficult to integrate new firms into ABR’s culture? “Acquisitions are fun, but also challenging,” Rode observes. “We have a prescribed way of doing things, and the system works. We’ve got an office manual which isn’t a very large document, but it sets out the way we do things, and our ethos…

Everyone has a fairly lengthy induction. It takes time; the culture of our practice may be a bit different to what people are used to.”

It’s good to talk

For Rode, open communication between staff and managers is a key aspect of ABR’s culture. And a big part of this is the appraisal process that partners must undertake annually, which includes an anonymised survey of staff members. 

“We have 360-degree appraisals of partners every 12 months,” he explains. “The main thing that comes back is the approachability of the partners and the open-door nature of the firm; and the fact that we have got staff members’ backs.”

“But that is a two-way process,” he frowns. “Everybody has got to be honest. Everybody makes mistakes, but you have to own your mistakes. If you don’t own the mistake, and try to hide from it, it’s never going to work.”

Rode adds that the anonymous nature of the staff survey is absolutely vital. “In the last survey, I genuinely haven’t got a clue who said what,” he stresses. “But 100 per cent said they were proud to work at the firm and felt able to develop, and able to approach the partners.”

With the firm having been paperless since 2013, it found itself in a good position when the pandemic hit last March. “We can’t do trials remotely, but we can do everything else,” insists Rode. During the pandemic, solicitors have been permitted to represent clients at the police station via video link, but ABR’s lawyers have preferred to go along in person to stand up for their clients. 

“We’ve attended the police station throughout,” he says proudly. 

While criminal trials have not been held remotely, other proceedings have been; such as parole hearings and Mental Health Act tribunals. Indeed, these remote hearings have held a silver lining for legal aid lawyers; they have saved valuable hours in no longer having to travel across the country for hearings, but have received the same fixed fee. 

In January, the government launched an independent review into the “long-term sustainability of the criminal legal aid market” led by former judge Sir Christopher Bellamy. It said the review was part of a wider programme to ensure that criminal defence remained an “enduringly attractive career” for practitioners. 

Among other things, it promises to look at whether the criminal legal aid market is “appropriately funded”, though it will also examine whether services are delivered in a way that provides “value for money”. So is Rode anticipating a pay rise from government as a result? “I don’t hold out much hope,” he confides. More money for legal aid is not a priority for the electorate. “It’s easy for the red tops to talk about ‘fat cat’ legal aid lawyers”, laments Rode. “Fat cat, I wish.” 

“There’s been no increase in legal aid for many years, and in fact there was an 8.5 per cent cut when we signed the new contract,” he observes. “But you can make it work if you run a tight ship… It’s less than £50 an hour payment for the work we are doing.” 

Not every individual is eligible for criminal legal aid and the threshold is not generous. If a client has an annual household disposable income of £37,500 or more, they will not qualify for legal aid in a crown court trial. But clients are increasingly prepared to pay privately for defence lawyers, Rode reports – perhaps because they earn too much to receive legal aid or because they would like their lawyer to go off and do further inquiries on their behalf, which wouldn’t be covered by legal aid fees. 

“We’re now seeing a larger percentage of work where clients are paying for their representation. After all, it’s their liberty that is at stake… It’s a larger percentage of our turnover than it was, and it’s increasing on an annual basis,” Rode reveals. 

Where a client has paid privately for a defence lawyer and is ultimately acquitted of the offence, they are entitled to some reimbursement of their legal fees; but the sting in the tail is that that they can only claim legal aid rates. 

Client care

In most areas of law, repeat clients are the best business you can get, but is the same true in the criminal law sphere? “I love a recidivist,” Rode quips. “Yes, we do have repeat clients. We have some where they’re on file number 100. We build a reputation, and it spreads by word of mouth. Or we’ll initially act for someone under the duty solicitor scheme, and the next time they will ask specifically for ABR.”

And client feedback is just as important as for other fields of law. “Every single client gets a feedback questionnaire – that’s important to us”, Rode insists.

“If someone expresses dissatisfaction, we try to deal with it… On ReviewSolicitors, 99 per cent of clients would recommend us. It’s about really understanding the client’s case. Every client is different, and every case is different.”

He expands: “If there’s overwhelming evidence against the client, it’s about ensuring appropriate mitigation. If they’re not guilty – well, there is nothing worse than someone who’s not guilty going to prison.”

Are there any offences where Rode would refuse to act? “No. Just because something is alleged against someone, doesn’t mean that they committed the offence. If the client tells you they haven’t done it, you’ve got to do your utmost to get them acquitted.” 

And if they confess to having done it? “Then you can’t call them to give evidence to say that they haven’t done it. There’s a strict code of conduct.”

For many, criminal defence work is more than just a way to earn a living – it’s a vocation. But that doesn’t make it easy to attract new talent. “It’s a job that everybody who works here loves doing. It’s great fun,” enthuses Rode. “We’re also challenging the state. We’re the last line of defence. And the state, despite [apparent] austerity, does have significant resources. 

“The Crown Prosecution Service is constantly recruiting; and you can see that across the country. Defence lawyers are never going to be the highest paid.

But in the public sector, lawyers are offered a similar or better salary, a fantastic pension, they’re not on call and their client is a police officer. For some people, it’s a lot more appealing.” 

Finding quality candidates to join the team can be difficult. “It can be better to develop team members. We have four apprentices and a trainee solicitor at the moment. I’d be staggered if they didn’t qualify into the business. And then you have got people who understand how to do the job properly. For me, that’s the most important thing,” says Rode.

Already recognised as a top-notch player on the regional field, Rode’s goal for the firm is for it to achieve the same recognition at national level. He seeks to inspire those around him by not just talking the talk, but also walking the walk. “I don’t expect any of my team to do anything that I wouldn’t do,” he stresses. “So I’m on call, I go to the police station, I don’t sit in an ivory tower. I get my hands dirty… I like to lead from the front.”
 

Rachel Rothwell is a freelance journalist