Criminal legal aid critics not living in 'real world', Hudson says

Des Hudson has called on criminal lawyers planning to pass a vote of no confidence in the Law Society leadership to lay out their alternative plans "in detail" so solicitors can make a choice.

Hudson warned that reopening negotiations on criminal legal aid with the Lord Chancellor, Chris Grayling, was not going to happen "in the real world".

Speaking to Solicitors Journal, Hudson said the society "had not agreed to the cuts in any form". Responding to complaints of lack of strong leadership by solicitor advocate James Parry, who is leading calls for a special general meeting, Hudson said that if Grayling could somehow have been forced to submit to a vote in parliament on the cuts, the Law Society took the view that the government would have won it.

"We remain of the view that this is the best deal in the circumstances," Hudson said.

"I understand that everyone has a right to disagree with the Law Society, particularly when facing issues as problematic as these cuts.

"But what is the alternative? I think James Parry has to lay out an alternative.

"Are we saying that we want to reopen negotiations, but not on the bits we like - the confirmation of choice and the abandonment of PCT? In the real world that is not going to happen.

"If you're going to call for a meeting and drag the Law Society back from its agreement, what are the risks? You need to be able to explain in detail what you're going to do next so that people can make an informed choice.

"Practitioners can say 'we don't want to work at these rates'. Barristers can dip in and out of this kind of work. The idea that we can 'just say no', I'm not sure is a rational or persuasive argument."

Hudson said that, inspired by the work the Bar Council had done with ProcureCos, the society was looking at ways of allowing small firms to come together "in relatively flexible structures to make bids for duty solicitor contracts".

He said the Society was discussing the issues involved with the SRA, the MoJ and the Legal Aid Agency and it might be possible for firms to create a "different costs base" to help them cope with the cuts.

"What we have said to the Lord Chancellor is 'why are you of the view that you need to consolidate and that big is beautiful'? Some rural areas will have size restrictions so it won't happen anyway."

Hudson added that a "forced drive" to reduce numbers of firms could have a "potentially disproportionate impact" on BME firms, which raised a question over whether the government could comply with equality legislation.