Solicitors left 'up s**t creek' after barristers back deal with Grayling

Two thirds of barristers have backed the Criminal Bar Association's legal aid deal with justice secretary Chris Grayling. A total of 1,249 barristers voted in favour of the deal and 629 against in a CBA poll.

Richard Atkinson, chairman of the Law Society's criminal law committee, described the CBA's behaviour as "hypocritical and extremely disappointing".

He said: "The Bar has agreed to a deal which just says the government will postpone the cut to the Bar until our next cut comes in, without any recognition of the decimation this will cause.

"Although not every area will pursue the same ideas, I think you will find that solicitors in most areas are taking some form of action. The Bar has effectively surrendered and run up the white flag.

"Solicitors, although not employing the same tactics, are pretty united in their opposition."

Atkinson added that the Law Society was continuing to make representations to the MoJ on certain aspects of the scheme, particularly the duty solicitor plans and their procurement areas.

"There is a real risk that the whole thing will fail, and if it does, the whole system will suffer."

Nigel Lithman QC, chairman of the CBA, hailed the vote as a "milestone" for the Criminal Bar and confirmed that direct action was suspended.

He said that while the CBA had concentrated on removing the imminent threat of cuts to the junior bar, this had to be seen within a broader context and he wanted to "re-engage with solicitors" and hold constructive talks.

"This is a first step," he said. "There is a long road ahead. Direct action is suspended and we hope will not be needed again. This is a milestone in the history of the criminal Bar.

"It was achieved through unity of the membership and with the combined leadership of the Bar Council and circuit leaders. We trust that no one will ever confuse again the fact that we are a responsible profession with the idea that we are a powerless one."

Franklin Sinclair, senior partner of Tuckers, said solicitors had been left "up s**t creek without a paddle".

He went on: "It looks to me as if they've deferred everything for a year in the hope that the general election will intervene. They think that even if the Tories win, Grayling is unlikely to be Lord Chancellor next time and things will change.

"The cut will only lead solicitors' firms to take more control over Crown Court work by taking it in-house or organising joint advocacy services. Solicitors have been left up s**t creek without a paddle.

"With the end of 'no returns', solicitors' actions in not taking Crown Court work will be seen as pretty futile, and they will see this as quite a blow and demoralising. I doubt if they can sustain any kind of protest about the cuts. The Bar's agreement with the government is the nail in the coffin."