Law Society Legal News Summary 22 October 2024


Criminal justice crisis 

Law Society president Richard Atkinson speaks to the Mirror about the impact that an underfunded justice system may have on miscarriages of justice. 

He said: “Any of us could be a victim of crime or find ourselves wrongfully accused of a crime and in dire need of the advice and support a duty solicitor provides. Without the accused having access to a defence, we no longer have a criminal justice system. 

“This could mean that suspects are routinely released from the police station on bail because they cannot be interviewed as there is no solicitor available to attend the interview, causing concern for their alleged victims. It will also heighten the risk of miscarriages of justice.” 

He also speaks about the urgent need to invest in the criminal justice system, as criminal court backlogs, underfunded criminal legal aid and declining numbers of duty solicitors have created a criminal justice crisis.
 

Sentencing review 

The Mirror, Independent, Gazette and A Lawyer Writes (£) report that the Lord Chancellor will today announce a major review of sentencing to mitigate the prison overcrowding crisis. The review will be led by former Conservative Justice Secretary David Gauke. 

President Richard Atkinson said: “It is high time for an examination of alternatives to the use of custody, which is an expensive and often counterproductive form of punishment. 

“However, prison overcrowding is just one part of the wider crisis across our criminal justice system including huge court backlogs, crumbling courtrooms and too few lawyers to do all the work. For the government’s plans to work, the whole criminal justice system needs to be appropriately funded, including defence solicitors.”
 

AI strategy 

Today’s Family Lawyer, Today’s Wills & Probate and Today’s Conveyancer continue coverage of our new AI strategy, which is based on three pillars: innovation, impact and integrity. 

President Richard Atkinson said: “Within these three overlapping themes, we recognise that different solicitors and firms of all sizes have wide-ranging interests, experiences and expectations around AI and other existing digital tools and emerging technologies. The Law Society is committed to supporting all solicitors and the whole legal sector to provide first-rate services to their clients. 

“We will continue to influence, lead and shape regulatory and policy positions on AI for the legal sector and widen our resources to help firms identify and address the risks of AI to best serve public interest.” 

Read our press release and our Generative AI: the essentials guidance
 

Employment Rights Bill 

City A.M. covers the impact of workers’ rights reform on British businesses, as the Employment Rights Bill had its second reading in parliament yesterday. 

President Richard Atkinson said: “Employment tribunals are facing immense pressure as backlogs continue to rise, causing significant delays. It is therefore important that tribunals are properly resourced and can respond to the likely increased legal challenges that will result from the Bill. 

“Failure to address this gap will mean serious delays for both employees and employers, leaving them with uncertainty and aggravating disputes.”
 

Property Conference 

The Gazette covers the Law Society’s Property Conference, which included a panel discussion of the TA6 property information form. The Law Society is currently consulting on a new practice note to support conveyancing solicitors with their professional duties and best practice. 

The piece also notes Law Society guidance to help solicitors understand the wide-ranging effects of climate change, and its potential impact on their organisation and legal advice. 

Law Society vice president Mark Evans told the conference that governments often change tax law, rules and regulations, and property lawyers are the first to adapt.
 

Police accountability 

Ian Kelcey, former chair of the Law Society’s Criminal Law Committee, spoke to Times Radio about the Chris Kaba case and police accountability, as the police officer who shot Chris Kaba was acquitted of murder yesterday.
 

LawTech 

Beth Campbell-Rowley, senior marketing executive at the Law Society writes in Insider Media about research the Law Society published in collaboration with the University of Manchester and University College London on attitudes towards the adoption of LawTech.  
 

Also worth a read: 

  • SDT expected to hear cases relating to Axiom Ince and Post Office in mid-2025 – Gazette
  • Shabana Mahmood gives profile interview as Lord Chancellor – Times (£)
  • Nine in 10 advice agencies are experiencing rising demand – Legal Futures
  • New pilot scheme to provide jurors in traumatic trials with free counselling – Solicitors Journal
  • Top 10 UK law firms increase fees by 40% in five years – FT (£)
  • Majority of large law firms are negative about the impact of GenAI on their practices – Legal Futures
  • More prisoners to be freed early to ease overcrowding - BBC News

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