Law Society Legal News Summary 24 October 2024


Criminal legal aid

Times, Solicitors Journal and Gazette report that the UK government has been warned by 119 criminal law firms not to mistake their submitting an application for a new criminal legal aid contract for an intention actually to sign it.

The criminal legal aid row emerges after the Law Society’s judicial review against the previous government’s failure to increase criminal legal aid rates. The Law Society also recently issued guidance that advised firms to consider withdrawing from criminal legal aid or scaling back their work if the government did not increase fees.

Law Society president Richard Atkinson said: “Our data shows that the number of criminal legal aid firms has fallen by a third since 2017 and the number of duty solicitors has declined by 26% and continues to reduce. How can firms make a sound business decision to bid for a new contract, especially one lasting 10 years, without knowing whether these bare minimum criminal legal aid rate increases will ever happen?”

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SRA survey

Gazette reports that a recent survey published by the Solicitors Regulation Authority (SRA) reveals the majority of legal professionals remain positive about the SRA – although a quarter are likely to express negative sentiments about it.

President Richard Atkinson said: “The SRA should have waited for the Legal Services Board to publish the outcome of its review of the regulator’s handling of the Axiom Ince and SSB Group cases before publishing this report.

“We have repeatedly said the SRA should concentrate on its core role by setting standards, assessing and acting on risk, taking action in response to non-compliance, protecting consumers from harm and protecting the reputation of solicitors. It should not be seeking to implement its existing fining powers** at the expense of the Solicitors Disciplinary Tribunal. Should the proposals go ahead, they would have serious repercussions for the legal profession and access to justice.”

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Sentencing review

New Law Journal continues coverage of Justice Secretary Shabana Mahmood’s 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.

“For the government’s plans to work, the whole criminal-justice system needs to be appropriately funded – including defence solicitors.”

AI and the legal profession

Financial Gazette, Business Telegraph and two other outlets examine the impact of AI on the legal sector. The articles note that the Law Society has acknowledged lawyers should receive support from law firm leaders to make the most of new technology like AI.

President Richard Atkinson said: “While AI and new technologies can make legal work more efficient by automating routine tasks, they can also create more work for lawyers, not less.

“Learning to use these tools takes time and lawyers often need to undertake training and adapt their work processes. Many technologies were not originally designed for the legal sector, which can make the transition more challenging.”

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Law degrees

President Richard Atkinson speaks to the Times (£) about law degrees and whether or not it’s necessary to receive a law degree before taking the SQEs.

Autumn budget

iNews and MSN report that government departments are fighting hard ahead of Rachel Reeves’ budget at the end of this month. It notes the continued lack of investment in justice, and highlights calculations by the Law Society which found the MoJ’s budget plunged by 25 per cent in real terms between 2010-11 and 2019-20.

Court interpreting services

Gazette reports that head of justice at the Law Society, Richard Miller, will give evidence to the Lords Public Services Committee on the system of obtaining court interpreting and translation services, key challenges and their impact on court proceedings and access to justice.

Market access fund

London Reviews and a few other outlets report that Trade Secretary Jonathan Reynolds has announced the new £2.3 million Regulatory Partnership for Growth Fund as part of a three-day visit to Brazil, which will include his first G20 meeting. The fund builds on the Prime Minister’s call at the International Investment Summit last week for UK regulators to support the Government’s growth mission, keep pace with emerging industries and upgrade the regulatory regime to make it fit for the modern age. 

President Richard Atkinson said: “The Law Society of England and Wales appreciates the government’s initiative to establish the Regulatory Partnership for Growth Fund.  

“This funding will provide essential support to UK businesses by helping them move past regulatory barriers in various global markets.  

“By building closer relationships with countries overseas, this fund will contribute to the growth and progression of the legal profession globally.”

Also worth a read: 

  • Lady chief justice calls for sustainable funding and digital transformation of courts – Gazette
  • Post Office lawyers slammed for ‘unprofessional behaviour’ – Times (£)
  • Alex Chalk: The government must act now on litigation funding – Times (£)
  • UK ministers explore using break clauses in outsourced asylum housing contracts – FT (£)
  • City firm launches ‘AI Academy’ to help its lawyers gain deeper understanding of how AI works and its potential impact on their clients – Legal Cheek
  • Lord Mayor calls for robust international standards to ensure ethical AI development as the judicial system continues to integrate the new tech – City AM
  • Employment tribunals will buckle without investment – Times (£)
  • Rachel Reeves to announce major change to fiscal rules releasing £50bn for spending in infrastructure and clean energy Guardian, Independent
  • Home Office announces that officers on trial over shooting suspects will get anonymity, following the Chris Kaba case - BBC
  • Plans for a televised debate between Tory leadership contenders Robert Jenrick and Kemi Badenoch are on the brink of collapse – Telegraph (£)
  • Prosecutors launch recruitment drive for young barristers Times (£)
  • Commonwealth leaders to defy UK on slavery reparations - BBC

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