On the front line

On this topic, this week has been one of mixed emotions, professionally speaking.

As the Lord Chancellor, Michael Gove, addressed the Justice Select Committee, confirming that there would be a review of the Legal Services Act within the next five years and raising questions about the future make-up of legal regulation, the criminal Bar announced its intention to support protesting solicitors in not accepting new cases under the revised legal aid regime and operate a policy of 'no returns'. Although there was a turnout of less than 50 per cent by the balloted members of the Criminal Bar Association (CBA), of those who did vote, 55 per cent did so in favour of the action.

The no returns policy means barristers will no longer cover for colleagues in court at short notice where the matter cannot be dealt with by the allotted barrister, usually due to diary clashes. This is a courtesy frequently called on to keep the justice system moving. The real impact of the decision on criminal proceedings is yet to be seen, especially given barristers will have individual discretion as to whether to take part in the action, but when criminal solicitors refuse new instructions under the regime and arrestees are going without police station representation, the impact of the CBA's voluntary action may go largely unnoticed.

During the course of the select committee, Gove took great care, it seemed, to appease the Bar and reassure it of its value. The concerns he considered most important were not only justice, but also the future of 'talented young people leaving university, who have a vocation for justice and want to enter the law', recognising that the criminal Bar is an 'increasingly unattractive route to go down'. Yes, Mr Gove, as you say, that's a great pity, but the Bar isn't the only place where talented young people are struggling to break through into the profession.

Little reassurance was given to solicitors during the course of the committee. The only reference to solicitors was in passing, which, should we be inclined to read between the lines, may mean that the new presidents of both the Law Society and the Chartered Institute of Legal Executives (CILEx) will have their work cut out in getting their members' needs, concerns, worries, and futures addressed by the Lord Chancellor.

At his welcome dinner last week, CILEx president David Edwards referred to the organisation's members as the 'foot soldiers of the profession'. I wouldn't dare attempt any military analogies, but I suspect that the Bar is content to keep itself installed at a comfortable distance, with only a far-off view of the trenches. Of course, there are a great many allies among them stepping onto the front line from time to time. They can do so in the knowledge that their efforts will effect real change for those we serve and are very much appreciated.

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