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Do we need to be a cuddlier profession?

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Do we need to be a cuddlier profession?

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Watching the overwhelmingly positive press coverage of the junior doctors' dispute was unpleasant viewing. A new contract, a profession violently opposed to it, and a government minister cast as the pantomime villain. Shades of LASPO?

But no - hours of coverage were devoted to the dispute in the press, and on the radio and TV. How, then, did legal aid slip so far down the page?

True, Gove has recently back-tracked on the dual contract, but he had little choice. Either he graciously withdrew or the courts were likely to slice him to bits, as his tender process was a rather dimwitted scheme that always seemed doomed to failure.

But still we are seeing the number of legal aid firms diminish. Only about 200 firms across the country have a contract in housing, which some would say is at the very heart of a civilized society.

Unless people can avoid being evicted and unless homeless families can challenge decisions of local authorities, we are going to see more homelessness. In fact, both Shelter and the government agree that homelessness is on the rise. How, in the 21st century, we can allow 16-year-olds and pensioners to sleep in a shop doorway is a question we should all be asking ourselves.

LASPO virtually did away with the ability to fund disrepair actions, unless they are done on a conditional fee agreement (CFA). But CFAs are risky. They lead to a firm incurring a vast swathe of disbursements, which, in turn, increases lending and/or overdraft facilities. Something like 90 per cent of disrepair actions settle in favour of the claimant with costs paid by the landlord. Why did the government want to take away legal aid for this vital component of a fair and just society?

While vast swathes of civil legal aid were being demolished by the government, the press was not really concerned. This was not front page news. In fact, it was not news at all.

Legal aid lawyers do a difficult job. They deal with vulnerable clients and the law is often dynamic, opaque, and challenging.

Quite often (say, with domestic violence injunctions), there is considerable time pressure. Not only do you have to drop everything to get the injunction as a matter of urgency, but then you have to spend hours (often out-of-hours and into the night), attempting to serve the injunction on a recalcitrant respondent.

There is little difference between a junior doctor and a legal aid lawyer. We have, for the most part, done a degree, sat professional exams, and are following a vocation. But, due to the public perception of 'fat cat lawyers', legal aid lawyers are demonised and doctors are treasured.

We need to creep back up
the agenda. Politicians need to understand our true worth and the amount of money we save the Treasury by keeping people in their homes and preventing domestic violence.

This will not be easy, but unless we become a more cuddly profession the future seems a very dark place
indeed.

Russell Conway is senior partner at Oliver Fisher @Russboy11 www.oliverfisher.co.uk