The Solicitors Regulation Authority (SRA) has issued a warning to solicitors planning action over criminal legal aid changes that they must fully consider “the circumstances of each individual client” and ensure they meet required standards.
The warning follows a change in tactic by solicitors’ groups, who will now accept magistrates’ and police station work but boycott the Crown court.
The SRA says that where a client requires advocacy in court, “it is in the best interests of the client for the firm to use its best endeavours to secure advocacy for the client.
“This may include the use of appropriately qualified advocates employed by the firm as well as external advocates. It is the client’s best interests that are paramount once instructions have been accepted.”
Criminal legal aid solicitors have been boycotting new work since 1 July, when a fees cut of 8.75% was imposed. Members of the Criminal Bar have supported the action by declining new work and refusing “returns” from the courts.
In a joint statement last week, Criminal Law Solicitors Association (CLSA) chair Bill Waddington and London Criminal Court Solicitors Association (LCCSA) chair Jon Black said they had struggled to keep the action going because “the Big Firms” were ready to pull out.
Therefore, they had persuaded these firms to remain involved on the basis of no representation in the Crown Court.
“There is currently a critical mass of unrepresented defendants in the Crown Court and the continuation of the protocol would continue where it is most visible,” they said.
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