Law Society Legal News Summary 31 October 2022


Criminal legal aid 

ITV News runs an in-depth piece on the crisis in the criminal justice system, as solicitors seek parity with the 15% fee increases given to barristers. 

Law Society President Lubna Shuja said: "There will be no criminal justice system without more investment. It's as simple as that. It will collapse. 

"What we are finding is that some trials are now being listed for 2024, and if cases are not being dealt with quickly and efficiently, justice is not being done, is being denied, is taking far too long. 

Richard Atkinson, the Law Society’s Deputy Vice President added: “We have a duty solicitor scheme covering a huge geographic area in North Devon and now on that scheme, we have just one law firm. 

“That one firm has one duty solicitor, 24 hours a day, 365 days a year, and that's a position that's spreading across the country. 

"It will soon start to happen in other areas. People will be denied the right to legal advice.

"So we might see more people being charged who are innocent as a result of an inability to access lawyers.”
 

New Law Society president 

The Gazette speaks to new President Lubna Shuja about her plans for her year in office.

She cites her five-point plan, her focus on professional ethics and other areas of focus. 

“Civil legal aid for early advice is something else the Society will continue to campaign for,” she said. 

On litigants in person in the civil courts, she said: “That is not a cost-effective way of dispensing justice, securing fair access or indeed securing fair outcome. It’s counterproductive. 

“Whereas, if that litigant in person were able to go and see a solicitor, that solicitor will very, very quickly narrow down what the key issues are, determine whether they have got a case and the best way to deal with it. It’s a good economy in terms of using the courts efficiently.”
 

‘No-win no-fee’ agreements clarified in Belsner 

The Court of Appeal published its judgment in Belsner v CAM Legal Services last week, providing clarity for solicitors and their clients who enter into a type of ‘no-win no-fee’ agreement, reports Legal Futures. 

Nick Emmerson, Vice President of the Law Society said: “It is crucial that solicitors can be paid equitably for the vital work they do. 

“The Law Society strongly urges the UK government to reflect on this case and ensure the civil justice system has a solid foundation of clear legal costs provisions on which solicitors and their clients can rely.” 

City A.M, Law Society Gazette Ireland and the Gazette also pick up the story. 

Read our press release
 

1% Study 

Of the 13,403 partners at major law firms in the UK, only 1% identify as Black, reports the Gazette as it looks in detail at a landmark report – The 1% Study – that has found much more needs to be done to support Black solicitors reaching senior levels of the profession.

The Law Society endorsed the report.
 

Under-representation in the judiciary 

Jurist covers our analysis that it will take more than 120 years before women, Asian and Black people are properly represented within the England and Wales judiciary at the current rate of progress. 

Law Society President Lubna Shuja said: “We need a judiciary that truly reflects our diverse society. We must take action and make real, lasting change so our judges can represent the people who come before them in court. 

“We urge the UK government to address the structural barriers that are holding back talented candidates.” 

Read our press release
 

Divorce spike 

A Professional Adviser piece covering financial vulnerability rising amid the spike in the divorce rate mentions the Law Society.
 

LawTech 

We noted the rise of an agile working culture in relation to cloud computing in the legal profession long before the pandemic. 

Tech HQ reports that legal tech engagement is higher than ever, as the pandemic accelerated the adoption of digital solutions worldwide, including in the legal profession.
 

Also worth a read: 

  • Lula beats Bolsonaro in Brazil election – Guardian
  • Economic Crime Bill puts enablers in the spotlight – Gazette
  • MPs under pressure as migrant crisis worsens – BBC
  • Strikes cancelled by Royal Mail workers – Sky News

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