Dozens of law firms have warned they could withdraw from legal aid work within months, plunging the criminal justice system into a fresh crisis, as the government continues to stall on a new pay deal.
The Ministry of Justice failed to deliver a 15 per cent increase in fees for criminal defence solicitors, and lost a High Court battle in January over the dispute.
But despite the court humbling, solicitors firms are still waiting for the government to take action.
Now, more than 100 firms of solicitors have signed an open letter warning that continue inaction could led to an exodus from the sector.
“Failing to invest now will ultimately cost more in the longer term if, as predicted, the sector ends up with too few firms and too few lawyers willing and able to do the work, and equally as important, a failure to do so will escalate the public crisis of confidence in the efficacy and legitimacy of the criminal justice system”, they wrote.
“Fewer lawyers mean no end to delays for victims and defendants and a greater risk of miscarriages of justice.”
The law firms say many of them have put forward tenders for Legal Aid work for next year, meeting a deadline which was controversially set for this month, but warned this is simply “preserving their position” as the dispute continues.
“There is a huge difference between submitting a tender as a result of an artificially swift deadline imposed by the Ministry of Justice and actually seeking and ultimately signing a new contract in 2025”, the letter continues.
“Whether firms decide it is financially viable to continue to provide legally aided criminal defence services, and accept the contract offer, or maintain a contract for more than a short period is wholly dependent on whether the new government heeds the warnings of the profession and the High Court.
“We look to the new government to restore rates to a level which will ensure a sustainable future for the profession.”
Jonathan Black, an experienced London lawyer and partner at BSB Solicitors, painted a bleak picture of dwindling numbers of lawyers operating in criminal legal aid.
“We can’t recruit young lawyers anymore and therefore can only take on certain cases meaning that more cases are delayed as the most vulnerable individuals struggle to find representation and courts are delayed as a result”, he said.
“It’s never in the victims interests for a defendant not to be properly represented and advised. We will see more miscarriages of justice as the pool declines.”
The High Court battle came after the MoJ failed to implement a recommendation from an independent review for solicitor Legal Aid rates to be immediately increased by 15 per cent.
The High Court acknowledged that “the system depends to an unacceptable degree on the goodwill and generosity of spirit of those currently working within it”, and added: “Unless there are significant injections of funding in the relatively near future, any prediction along the lines that the system will arrive in due course at a point of collapse is not overly pessimistic.”
In the months since the High Court ruled, a series of dire warnings about the collapse of the criminal justice system have been issued by legal figures.
The collective of law firms said rates for legal aid solicitors remain equivalent to the levels seen in 1996
Responding to the open letter, a Ministry of Justice spokesperson placed the blame for the state of the criminal justice system on past governments.
“The new Government inherited a justice system under enormous strain and a criminal legal aid system facing significant challenges”, they said.
“Criminal defence lawyers play an essential role in our justice system, which is why we are considering the findings of the Criminal Legal Aid Advisory Board report and will provide an update shortly.”
Decisions on future funding are expected to be announced after the government’s upcoming Spending Review.
