header-logo header-logo

Legal aid tremors

01 October 2010
Issue: 7435 / Categories: Legal News , Legal aid focus
printer mail-detail

Three major fault lines exposed in current system

Legal aid is caught in a “vicious circle” and requires a fundamental review and “realignment” of three basic faults if it is to be maintained at a reasonable standard.

A report published this week by the Legal Services Institute (LSI)—a think tank funded by the College of Law—identifies three main “fault lines” in the current system: “a fragmented and inefficient supplier base, a failure to match rights and funding, and broader systemic shortcomings”.

The report, Civil Legal Aid: Squaring the (Vicious) Circle, finds that there are greater overhead costs than necessary because of the large number of suppliers of legal aid work, both for the Legal Services Commission and the law firms themselves, therefore best value for money is not being achieved. In addition, the report stated that the increasing number of legal rights afforded to citizens, many of which are aimed at the most disadvantaged in society, are not matched by an increased availability of funds to allow people to pursue those rights.

The report favours the development of single source contracting through CLACs and CLANs (Community Legal Advice Centres and Networks) and the use of graduated fee schemes to cut down on administrative costs. It notes that law firms face extra costs by having to bid for matter starts.
It suggests that advice delivered need not always be “high quality”, and calls for greater “utility of service”—advice that is useful to resolve the client’s problem.

The report states that “too often [the legal aid fund is] being asked to pay for something which is not sufficiently useful, because, for instance, lawyers are sitting on the fence or are fanning the flames of a dispute rather than working quickly to resolve it”.

LSI director, professor Stephen Mayson says: “If efficiency savings in legal aid lead to any undermining of the rule of law, or compromise the administration of or access to justice, while we might have achieved a degree of fiscal prudence, society will undoubtedly be the poorer for it.”

Issue: 7435 / Categories: Legal News , Legal aid focus
printer mail-details

MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
James Grice, head of innovation and AI at Lawfront, explores how artificial intelligence is transforming the legal sector
back-to-top-scroll