The Law Society has urged criminal legal aid firms to reconsider their service viability amid ongoing financial constraints.
- Richard Atkinson highlights the exhaustion of goodwill from criminal legal aid lawyers, urging firms to evaluate their service sustainability.
- Firms are advised to assess and adjust their services in light of new government inaction towards necessary legal aid pay increases.
- The Ministry of Justice’s procurement process for criminal legal aid and inadequate responses to judicial reviews exacerbate the situation.
- Potential reductions in services could impact local legal aid availability, pressuring the Public Defender Service.
The Law Society has issued guidance for criminal legal aid firms to conduct ‘viability reviews’ to assess whether they can sustain their current level of service provision. This comes amidst concerns over financial pressures and a lack of sufficient government support for legal aid practitioners.
Richard Atkinson, poised to become the Society’s president, has openly criticised successive governments for relying on the dedication of these lawyers, stating that “the goodwill has run out.” He urges firms to reevaluate their capabilities and consider scaling back to maintain operational viability.
In its guidance, the Society emphasises that law firms, along with their compliance officers, need to scrutinise the feasibility of each type of criminal legal aid provided. This includes deliberating withdrawal or reduction of services unless meaningful changes are initiated by the government.
The advice corresponds with the Ministry of Justice’s recent launch of a procurement process for the upcoming criminal legal aid contracts, initiating in October 2025 and spanning 10 years. This process has been met with dissatisfaction due to the government’s inaction on implementing recommended pay increases for solicitors.
The Society’s recommendations stress the necessity of informing the Legal Aid Agency and Ministry of Justice if services are curtailed or terminated, clarifying that current assumptions about the firms’ ability to deliver comprehensive services are misplaced.
Moreover, the Society warns that if local firms cannot meet client needs, such cases should be redirected to the Public Defender Service (PDS). However, there are substantial concerns regarding the PDS’s capacity to handle this potential increase in demand.
The issue is compounded by the delayed government response to a judicial review ruling mandating a reconsideration of its stance regarding the Bellamy review’s suggested pay increases.
Atkinson cautions that the slide in legal aid sustainability is not a looming threat but an active crisis, citing a recent decline in the number of firms engaging in civil legal aid.
Mary Prior KC of the Criminal Bar Association expresses dismay over the advice, acknowledging the essential role of solicitors in the justice system from initial arrest through to case conclusion.
The guidance and warnings mark a pivotal moment for the future of criminal legal aid, urging prompt government action.
