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Jean-Yves Gilg

Editor, Solicitors Journal

275 criminal legal aid firms sign 'can't work' pledge

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275 criminal legal aid firms sign 'can't work' pledge

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'As professionals, our position is that we cannot and must not accede to this'

In only two days, a total of 275 criminal legal aid firms have signed a pledge saying that lawyers could not fulfil their ethical duties if the MoJ's 17.5 per cent fee cut goes ahead.

Paul Harris, former president of the London Criminal Courts Solicitors' Association, said he hoped all 1,400 criminal firms would sign the pledge before the MoJ's second consultation closes on 1 November.

"It shows how angry people are about the cuts," Harris, managing partner of Edward Fail Bradshaw and Waterson, said. "The pledge states that it is not possible to do the job at these rates. If we keep going like this, all firms will sign up."

The declaration, which is also backed by the Criminal Law Solicitors' Association, states: "We are criminal defence lawyers. We have an ethical duty to represent each of our clients in a robust, diligent and professional manner. No lawyer can fulfil this duty at the criminal legal aid rates currently proposed by the Ministry of Justice.

"The Law Society, the professional body for solicitors, also recognised this fact on 1 October 2013 and is unequivocally opposed to these cuts.

"It follows that to attempt to operate subject to the fee cuts as currently proposed will inevitably lead to inadequate representation of many clients. As professionals, our position is that we cannot and must not accede to this.

"We have demonstrated to the MoJ and will continue to do so that such cuts are unworkable and will lead to a collapse of our justice system. We are willing to continue to engage with the government to find savings and greater efficiencies."

Bill Waddington (pictured), chairman of the CLSA, added: "What seems to unite everyone is that an 8.75 per cent cut early next year is unsustainable. A further cut the year after next, whether or not you have a duty solicitor contract, is equally unsustainable."