President speaks out on criminal legal aid
Law Society President Lubna Shuja speaks to the Guardian about the dire state of the criminal justice system and the lack of funding for criminal legal aid work done by solicitors.
“If we can see that there is an area of work that is just not sustainable and not viable, we’ve got a duty to tell our members that.
“That’s what we’re here for, the Law Society, we are here to represent, promote, support over 200,000 solicitors, and we have to do that for all of them. So, if we can see that a particular area is not sustainable we’ve got to tell our members that and they will vote with their feet, as they are doing.
“That’s their answer, they’re just saying: ‘I can’t afford to do this work any more: it’s not viable, it’s not sustainable. I can’t live on these kinds of rates. I’m leaving and I’m going to do something else.’ And that is a real issue because the long-term consequences of that is we’re not going to have a criminal justice system.”
Royal Commission on Criminal Justice paused indefinitely
In 2019, former Prime Minister Boris Johnson pledged to set up a Royal Commission to look at the “serious change” needed to the criminal justice system.
Nearly three years on, the Commission hasn’t started work, with the Ministry of Justice saying the work was “paused” due to the pandemic and an impending general election.
Law Society President Lubna Shuja told the Independent: “Whether the Royal Commission on criminal justice has been paused or scrapped, it’s obvious that the criminal justice system is on its knees and crying out for investment after decades of underfunding.”
The courts are “crumbling, backlogs are spiralling, there aren’t enough judges and lawyers, and victims and defendants face disgraceful delays,” she said.
Lugano Convention
Mike Freer, the Parliamentary Under Secretary of State for Justice, said the UK government had not given up on acceding to the Lugano Convention, reports the Gazette. He was speaking at a Law Society event to recognise the contribution of overseas law firms to the UK.
Law Society President Lubna Shuja said the UK was open to talent from around the globe. “We would like to see this access reciprocated in jurisdictions around the world.”
The 1% Study
The Gazette speaks to David Lammy about the 1% Study, which was endorsed by the Black Solicitors Network, the Solicitors Regulation Authority (SRA) and the Law Society.
He said: “It is important that those who lead our law firms … understand their responsibilities. Bonuses and acceleration in a firm ought to be measured against that backdrop because that 1% figure is diabolical against the proportion of black and mixed heritage people in our society. There is a lot to do.”
Law360 (£) and LawCareers.net also pick up the story.
SRA’s fining powers
Today’s Conveyancer covers our concerns about the Economic Crime and Corporate Transparency Bill, which had its second reading this month.
“There appears to have been little evidence that a parallel increase in the Financial Conduct Authority fining powers – or the large fines they have applied – have aided the fight against financial crime,” said Law Society President Lubna Shuja.
“Therefore, we do not have confidence that increased fining powers for the SRA would have a significant enough impact on the fight against economic crime to warrant the additional burden of regulation.”
Case volumes and conveyancing fees
Today’s Conveyancer examines how conveyancing firms can survive as the affordability squeeze takes its toll on the property market.
Law Society President Lubna Shuja said: “The increase in mortgage rates [and] the uncertainty in the property market and across the country generally is likely to see a tail off in new instructions, with the possibility of some existing chains collapsing.
“A race to the bottom in fees would simply increase the pressure on an already overworked and stressed part of the profession.
“The conveyancing process becomes more complicated every year. The new register of overseas entities adds to this complexity.
“Requirements under the Building Safety Act 2022 and the heightened awareness and information about climate change may add to the burden.
“Adding in the challenge of complying with anti-money laundering legislation and the ever-growing threat of fraud, means that solicitors simply cannot afford to cut fees.
“What they can do is regularly review their fees to ensure these reflect the work they undertake, as well as the responsibility and the risk this carries.”
Also worth a read:
- Boris Johnson rules himself out of Tory leadership race – Guardian
- UK ICO warns companies are complacent on cybersecurity – City A.M.
- Immediate past President joins JUSTICE Board – Irish Legal News
- New guidance advises office workers need more space – Times (£)
- 60% of first-time buyer mortgages withdrawn by UK banks – FT (£)