Legal Aid Q&A's with the Criminal Law Solicitors Association (CLSA)

As a new ABC initiative we have asked a number of selected organisations to take part in a Questions and Answers (Q&A) session we are calling: ‘In their own words’.   We are passionate about justice at the ABC, and so we asked Vice Chairman, of the Criminal Law Solicitors Association (CLSA) - Robin Murray, to answer some searching questions about the current state of the UK Legal Aid system. 

Robin is a practising solicitor at Tuckers Solicitors.

Tuckers is a leading law firm specialising in criminal law, civil liberties and regulatory proceedings. Established in 1980, the firm has over 150 lawyers and 10 offices in London, Birmingham and Manchester. Tuckers Solicitors is ranked as a top tier, premier law firm by both The Legal 500 and Chambers & Partners.

We have include the Company’s website address following this article. These are Robins full and frank answers. 

Criminal Law Solicitors Association CSLA Logo

IN THEIR OWN WORDS – Q&A’s with Robin Murray.

The Vote for Justice Rally is being at Central Hall, Westminster 23 April at 2pm. The Criminal Law Solicitors' Association, is encouraging solicitors to take part. Why is this event being held, and what do you hope to achieve?

The event is being held to draw attention to the shocking failure of the current general election campaign to address the real and present danger to our nation caused by the collapsing Justice system must be redressed.   That is why the largest rally in our history to focus on these issues is being held. It is time the tide turned and the country wakes up to the reality that in this 800^th year anniversary of Magna Carta the right of the ordinary citizen to stand up to the powerful, the wealthy, the large Corporations and to State funded prosecution has been and is being substantially eroded by cuts and imposition of financial penalties.

The average person is being abandoned and left to fend for themselves in a complex legal system.  We must help people become aware of this crisis in our once renowned legal system.  This damage will impact poorly and drastically upon the quality of justice for generations to come if we do make a stand.  It will weaken the Prosecution the Defence and the Judiciary and erode liberty.  By attending this rally you will be demonstrating to the Nation that a stand should be taken.

The coalition government has made serious cuts in Legal Aid. Where have these cuts fallen, and how have these cuts affected the experience of the public?

 As our headline speaker former Court of Appeal Sir Alan Moses has opined on the BBC Panorama program the threat to justice is already obvious when one sees what has happened to civil law following the notorious LASBO cuts. There is a real and present danger of miscarriage justice being a regular occurrence in the criminal courts as well with the innocent being punished if the further cuts planned go through.

We are seeing solicitors firms merge and drop less profitable services. What effects have Legal Aid cuts made to solicitors and the profession in general? Is this part of a trend of consolidation in the legal profession? Will we be seeing: McSolicitors, anytime soon?

 The fall of in work now the underfunded police fail to bring people to court will lead to some consolidation of firms but the very odd ‘2 tier’ proposals combined with further cuts are regarded by all as simply unworkable. Apart from Mr. Grayling of course who alone thinks they are workable.  

Some people might argue that that the legal profession became too greedy, and that the government had no choice but to dramatically cut Legal Aid. What is the professions view of that argument?

The profession has not had a rise in legal aid rates for 18 years and according to the report of the National Audit office we compare like for like favourably with other nations. We are average in overall expenditure. Legal aid lawyers are very poorly paid and are leaving the profession as a consequence. The effect of cuts will leave us with a far more inefficient and slow court system which will cause far more expense. It is entirely short sighted and an assault on the right of every citizen to a fair trial in this 8oo year anniversary of Magna Carta.

In the early 1930’s Great Depression, the then Labour government wanted to make a 10% cut in public spending. The Judges argued that they were governed by the ‘Act of Settlement’ and therefore exempt from these public spending cuts. Is there an argument for considering the legal profession as a special case when considering public spending reviews?

 The recent YouGov poll (Fieldwork Time: 1st - 2nd April 2015) revealed

•             84% of people say legal aid and a fair trial are a British fundamental right. (82% say health care at the point of use)

•             89% of people say legal aid is important.

This nails the lie that people do not care about legal aid as a political issue. It is an important and fundamental issue for politicians to note. Legal aid campaigners speak for the people. There MUST be proper funding for legal aid. It is a right not a benefit.

In the USA Judges subject to disciplinary proceedings have been found to be accepting unlawful payments from ‘privatised’ prison companies. The US has the largest prison population in the world. Is the ‘privatisation’ of services in the UK legal system a positive development, or is a profit driven legal system likely to lead to injustice or corruption?  Is there a commonly held viewpoint about this in the profession?

 Most in the profession are deeply sceptical about privatisation in relation to the criminal Justice system and believe the profit motive will drive down standards due to cost cutting to make a profit. One only has to look at the many scandals such as the interpreter disaster to see how negatively privatisation impacts upon the CJS

UKIP want to double the prison capacity in their manifesto. In the experience of solicitors [in general] does prison ‘work’? As a general view what would members of the profession suggest as an alternative to prison?

No, most feel it reinforces criminality as the majority of prisoners reoffend with 12 months or so. Most prisoners have social issues and health issues that are better targeted outside a custodial regime unless for serious crimes and dangerous offenders where custodial sentences are unavoidable fir public safety.

*Should soft drugs like cannabis be de-criminalised? Does your Associations’ members have a common viewpoint on this controversial issue? 

No

 The impression of working as a solicitor is years of studying followed long hours of hard work, as you hope to climb the ladder to become a partner in a firm. Some might point to a sense of job satisfaction, job stability and an engaging social side as benefits of working in the profession.  Would you recommend becoming a solicitor, and what are the positive career benefits in your view?

 Of course I would. In terms of legal aid it is a fascinating career with one able to make a positive difference to society and people’s lives but we need the cuts on legal to be reversed to ensure in that sector a high quality of lawyer is maintained. If the rewards are hopelessly inadequate the profession will suffer and so will the public.    

If a young person wants a career as a solicitor how would they best go about it?

Through university, Law school and a training contract or through becoming a legal executive whilst working,

If the public want to support the ‘Vote for Justice’ Rally and Campaign, is there anything they can do to support the cause?

We hope all who care for access to Justice Non Lawyer’s and Lawyers)will all be descending upon the huge Westminster Hall for the ‘Vote for Justice Rally’ on the 23rd April  at 2 pm. We need to show to the media and the politicians that Legal aid and access to Justice do matter. The poll tells us so. People should book here:

http://www.clsa.co.uk/index.php?q=Vote-for-Justice-Rally-23rd-April-Central-Hall-Westminster-1400

Thank you again Robin for taking part, and may we wish you the best with The Vote for Justice Rally, which -  to remind everyone, is being at Central Hall, Westminster 23 April at 2pm. 

Tuckers Solicitors Website:

http://www.tuckerssolicitors.com