Law Society Legal News Summary 11 December 2023


Civil court backlogs 

John McQuater, chair of our Civil Justice Committee, speaks to the Financial Times (£) about the outstanding case backlog in the county courts. 

He said: “Civil claims matter a lot to those concerned and it should matter more broadly as well. An effective justice system is pretty important for everyone.”
 

Justice in crisis 

Richard Atkinson, our deputy vice president, features on PoliticsHome’s The Rundown podcast, where he discusses the crisis in the UK’s justice system, backlogs in civil and criminal courts, a lack of judges and overcrowded and under-staffed prisons.
 

Cost of the Rwanda plan 

North Wales Chronicle reports that the Home Office has spent £2.1 million so far fighting legal challenges to the government’s Rwanda plan. 

“The Rwanda scheme has never been the answer to tackling the asylum question. The government is risking the UK’s international reputation and its standing in the world to deliver a plan that can, at best, be described as gestural,” said Law Society president Nick Emmerson. 

Read our press release
 

Pro Bono Awards 

The Gazette covers the winners of LawWorks’ Pro Bono Awards, which includes Alessandro Angelico, a trainee at Covington & Burling, who helped an Afghan judge escape capture, imprisonment or murder by the Taliban.

Richard Atkinson, our deputy vice president, said the pro bono advice given by lawyers individuals, charities and community groups to have their voices heard, exercise their rights and challenge decisions.

He added that justice should be accessible to everyone. While lawyers were incredibly generous with their support, “pro bono work should not become an alternative to a properly funded system of legal aid.”
 

QLR scheme 

The Gazette reports that the Ministry of Justice has announced that expenses will be added to the Qualified Legal Representative Scheme. 

Law Society president Nick Emmerson welcomed the news but urged the government to “continue to improve the scheme so more solicitors can take part.” 

He added: “This is a step in the right direction, but the fees are still too low. Our members working in the family courts tell us the scheme is struggling to attract advocates because the fees paid are based on legal aid rates which have not increased since 1996.”
 

Electronic wills need more scrutiny 

Today’s Wills & Probate covers our response to the Law Commission’s consultation on wills reform.

Law Society president Nick Emmerson said: “We support provision to enable electronic wills to be made valid under the law. While we are not opposed to the use of technology to facilitate will-making, we recognise concerns around the risk of fraud and undue influence.

“It is important that the requirements for an electronic will provide the right level of protection. It is also essential to maintain a paper process for will-making. This will ensure that anyone who struggles to make a will electronically is not disadvantaged.

“We hope that if electronic wills are introduced, more people will be encouraged to write wills. However, it is vital that there is an opportunity for detailed examination of what is being proposed.”
 

Regulation of legal professions 

The Gazette runs an in-depth piece examining the work of the Justice Select Committee, including its recent enquiry into the regulation of the legal professions. 

Law Society president Nick Emmerson said chair Sir Bob Neill MP had steered the committee through “an incredibly turbulent political period” and commended its “detailed, high-quality” reports that “offer a roadmap to addressing the challenges that face our justice system.”
 

AI and the profession 

Law Society chief executive officer Ian Jeffery speaks to Diginomica about the use of AI in legal proceedings. 

He said: “We had a huge tipping point 12 months ago, and to some extent, we are still at an early stage in the adoption of these tools. They're not yet perfect, and we haven't understood everything that they can do; clearly the pace of development is very rapid. But I think we should all now have a very good sense of what is going to be possible – and just how quickly it may become possible. 

“As a representative body for solicitors, we're not under any misapprehensions. The nature of what it is to be a solicitor is likely to be significantly changed over time as a result of these tools. Nor are we under any misapprehension that we won't see changes to the organisational design of member firms, and of corporate and other in-house legal teams. 

“That in turn will feed through to different choices for consumers and clients, around the different business models serving their needs. And quite a bit of discussion about pricing.”
 

Also worth a read: 

  • Home Office says Rwanda policy will stop 99.5% of migrant claims – Times (£)
  • Rwanda Bill: PM faces perilous week – Independent Live
  • PM faces Commons revolt unless Rwanda Bill is toughened – Telegraph (£)
  • Lawyers warn Rwanda bill is not fit for purpose – Sky News
  • Lawyers behind the Post Office scandal – Times (£)
  • Nick Vineall KC looks back on year as chair of the Bar Council – Counsel Magazine
  • Slow progress for women CEOs – FT (£)

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