Parents Against Injustice
Parents Against Injustice
UK Supreme Court head attacks judges’ age limit -
UK Supreme Court head attacks judges’ age limit - Sep-09
The comments highlight tensions over the government’s two-pronged strategy of budget squeezes and so-called “Tesco Law” liberalisation aimed at allowing a much wider range of business people and investors to enter the legal services market.
Lady Deech, chair of the Bar Standards Board, warned that the changes could lead to a “real shortage” of criminal and family barristers – and knock-on social problems – in the toughest cases, such as publicly defended defence work or representing abandoned children.
She said: “We will end up paying more in every sense of the word for family breakdown – wrong convictions, criminal problems – if you don’t find those people who make criminal cases and family law happen properly, who do their best for the Baby Ps of this world.”
She added that many of the 5,000 barristers working in areas such as family and criminal law, where legal aid has been cut, could be tempted financially to become partners in firms of solicitors or in new business partnerships that include non-lawyers. “You may be altruistic but if you can’t earn a living wage you can’t do it.”
Lawyers ranging from small practitioners to partners in leading City firms have attacked the going programme of capping legal aid, which the government says is necessary to curb growth of the £2bn annual bill.
The new “Tesco law” rules – which allow lawyers to set up partnerships with non-lawyers such as accountants and architects – have not attracted the same universal obloquy, although critics say the change will encourage the growth of legal service conglomerates and put high-street firms out of business.
Karen Mackay, chief executive of Resolution, the national organisation of family lawyers, said there were already problems in the availability of barristers for private family law cases such as divorces, because of cutbacks in legal aid. “There is a concern that if legal aid fees are depressed we could see barristers dropping out of family legal aid work into other areas.”
The Fawcett Society, which campaigns for equality for women, said it would be “concerned” if the changes resulted in a shortage of barristers.
One potential problem is that restructuring of the legal profession would give barristers the opportunity to opt out of the traditional principles of self-employment and the “cab rank”, whereby practitioners have to take the next case that comes along – even if it means representing the most unpopular of alleged criminals.
If advocates team up with other lawyers, it both removes them from the rank and increases the possibility that they are unable to take on cases anyway because of conflicts of interest with work their business partners are doing.
The comments highlight tensions over the government’s two-pronged strategy of budget squeezes and so-called “Tesco Law” liberalisation aimed at allowing a much wider range of business people and investors to enter the legal services market.
Lady Deech, chair of the Bar Standards Board, warned that the changes could lead to a “real shortage” of criminal and family barristers – and knock-on social problems – in the toughest cases, such as publicly defended defence work or representing abandoned children.
She said: “We will end up paying more in every sense of the word for family breakdown – wrong convictions, criminal problems – if you don’t find those people who make criminal cases and family law happen properly, who do their best for the Baby Ps of this world.”
She added that many of the 5,000 barristers working in areas such as family and criminal law, where legal aid has been cut, could be tempted financially to become partners in firms of solicitors or in new business partnerships that include non-lawyers. “You may be altruistic but if you can’t earn a living wage you can’t do it.”
Lawyers ranging from small practitioners to partners in leading City firms have attacked the going programme of capping legal aid, which the government says is necessary to curb growth of the £2bn annual bill.
The new “Tesco law” rules – which allow lawyers to set up partnerships with non-lawyers such as accountants and architects – have not attracted the same universal obloquy, although critics say the change will encourage the growth of legal service conglomerates and put high-street firms out of business.
Karen Mackay, chief executive of Resolution, the national organisation of family lawyers, said there were already problems in the availability of barristers for private family law cases such as divorces, because of cutbacks in legal aid. “There is a concern that if legal aid fees are depressed we could see barristers dropping out of family legal aid work into other areas.”
The Fawcett Society, which campaigns for equality for women, said it would be “concerned” if the changes resulted in a shortage of barristers.
One potential problem is that restructuring of the legal profession would give barristers the opportunity to opt out of the traditional principles of self-employment and the “cab rank”, whereby practitioners have to take the next case that comes along – even if it means representing the most unpopular of alleged criminals.
If advocates team up with other lawyers, it both removes them from the rank and increases the possibility that they are unable to take on cases anyway because of conflicts of interest with work their business partners are doing.
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