Law Society urges Legal Aid Agency to address procurement process crisis
It is not the responsibility of successful firms to defend the LAA against claims its tender process was 'seriously flawed'
The Law Society has sent a letter to the Legal Aid Agency (LAA) asking the body to address the widespread concerns about the allegedly flawed duty contract procurement process.
Firms are thought to be challenging the LAA in the majority of procurement areas where they have not been awarded the controversial contracts.
The LAA is asking firms, which have been successful in securing contracts, for their support in defending the tender process however the Law Society believes this will result in widespread litigation.
In addition to the delay in issuing the results of the tender process and entering into contracts, the Law Society believes the LAA's current timetable will be unachievable.
The society said firms are facing 'chronic uncertainty' following the LAA's tender and, 'given the need for a mobilisation period' for litigation, there could be a considerable delay before the new contracts are in place.
Further, the society said it would be reminding the LAA that the firms being affected by the further delay and potential costs of litigation are made up of people who will be 'suffering great stress and anxiety'.
The representative body for the solicitor profession also expressed concern over the knock-on effect any delays could have on clients if firms collapsed due to having to operate at reduced rates.
The Law Society is now gathering information on the number of firms which were unsuccessful in the duty solicitor tender process and those which are issuing proceedings.
Firms have been advised they must issue proceedings by Friday 30 October if they wish to preserve their right to be awarded a contract in the event of a successful challenge.
It has also recommended firms write to their MPs to explain their experiences of the tender process and the potential consequences for their constituency.
The LAA intends to enter into criminal legal aid duty contracts in the week commencing 2 November.
Matthew Rogers is an editorial assistant at Solicitors Journal matthew.rogers@solicitorsjournal.co.uk