Things are happening in the Justice world but unfortunately those thinks seem to make little sense to those of us working hard at the coalface.
I have always believed that if the public decides we (criminal lawyers in particular) do not meet their perceived needs then either we can need to change immediately or we need to be replaced.
I have learned that the way in which the Justice System has been constructed over many many years is complex and delicate. It is like an ecosystem where if you change one aspect you cannot be sure what the consequences will be.
Our legal system has developed in the 'adversarial' fashion which allowed justice to be achieved in most cases working with a jury in serious criminal matters or with a judge in civil matters. Whichever one we look at the reality is that unless both parties have equal recourse to legal expertise then the system is likely to fail the interests of justice test.
It is the government's desire to alter all this by put out the work to tender and taking the lowest bid to deal with this important work.
The danger with this includes:
- the quality of the lawyer who is prepared to deal with this work is bound to reduce. At present the government's own figures show that to run a legal aid practice properly costs in the region of 4+ times the sum that is actually paid to lawyers to deal with legal aid work. This can only be achieved if the work has attracted the lowest grade lawyers who then target doing the least work necessary to get to the end of the case.
- The system works and is the cheapest available because the defence (in criminal cases) can be trusted to do its job properly and prepare for trials fully. Take away this part of the equation and all you have left is an ability for the State to convict as quickly and cheaply as possible.
It has often been said that the Tory party is the party of big business. They will enhance this view by getting rid of the many High Street firms that service the legal aid work in England and Wales to be replaced with large companies operating over very wide areas making use of as many unqualified workers as possible and only using lawyers who are prepared to work cheaply enough to ensure profits for the Companies.
