Letter: Moving forward on legal aid
Dear Editor,
Ian Moir is a truly deserving recipient of SLN’s lawyer of the month award. His dogged commitment for a number of years to the campaign on legal aid culminating in the recent unprecedented publicity is exceptional. The commitment of the government to reform the system in 2026 is a token of its success. The profession would do well to recognise Ian’s role in all this.
There are, however, issues that need addressed that were not mentioned in the summary of the campaign.
The government has made it clear for many years that they cannot support wholesale across the board increases in legal aid rates without evidence that they are required. That is the research which is outstanding. Given that practitioners in many areas are saying large increases are required (whilst a not in practice, I agree) this seems very reasonable. The Law Society should in my view be working hard to ensure the necessary research takes place. I think it is unlikely that the campaign will succeed without it being shown who is earning what and where the business problems arise. It is after all public money.
The other issue is that there is a perception that there is a fear on the part of some groups that any increase in fees will not address the other problems in the system: that is what the unfortunately largely ignored Evans report was intended to address.
The problems include:
- very long hours worked by junior lawyers which results in burnout
- increasing intensity of legal work with a decline in admin support – sometimes to effectively nil
- the lack of systematic post qualification education and networking
- over specialisation
- the absence from any user voice
I’d reckon that the only way these issues will be addressed is through service level agreements between funder and suppliers. This discussion will only take place if the Law Society and indeed legal aid lawyers at all levels engage in debate with government.
The Law Society has said it has withdrawn from discussions. This position should be reversed. I’m sure the society will hold onto its position that legal aid fees need to be raised: it does, however, have to recognise that that is not the only area where some think reform is necessary.
Thank you for your kind attention.
Paul Brown
(writing in a personal capacity)