Public support for cuts to legal aid declines on its 65th anniversary

'Cuts in legal aid are a false economy'

Andrew Caplen is the president of the Law Society

"Today is the 65th anniversary of the start of the legal aid system. Because of legal aid millions of British people have benefited from fair and equal access to justice over the years. That is something to reflect upon and be proud of.

"Access to justice is about ensuring that nobody is shut out from our legal system. Not the homeless, not the jobless, not the victims of domestic violence. There can be no access to justice when citizens, especially those who are vulnerable or marginalised, do not understand their rights, do not understand the legal system or cannot afford to obtain redress.

"I myself was a duty solicitor up until very recently. I have represented those who have found themselves in difficulty, some wrongly accused, some rightly accused, and some only guilty of something much less serious than what they were originally arrested.

"Since April last year, 600,000 people have lost access to civil legal aid due to the cuts introduced by the government. These have had immense consequences. For example, many more separating couples are having to appear in court unrepresented, where previously their legal aid solicitors would have helped in resolving their disputes. And then there is the impact it has on the children caught in the middle.

"Cuts in legal aid are a false economy. The cost is - in effect - often transferred due to more court time being frequently needed where parties are unrepresented. Over the next year, we will be undertaking a major programme of research looking at the effects of the civil legal aid changes. I will keep you updated as we progress with this piece of work.

"The result of the poll published today, on what the public think about legal aid, has shown that the more the evidence emerges, the less the public is prepared to support the continued erosion of this service.

"Despite the freezes and cuts in pay over the past 20 years solicitors up and down the country have represented some of the most vulnerable in both the civil and the criminal courts. Many legal aid lawyers are earning £25,000 or less each year. They are not 'fat cats'. And I must mention the many uncertainties around the government's proposed new crime contracts. Which is why I am continuing to make representations to the lord chancellor and the Legal Aid Agency on these issues.

"Today, we celebrate 65 years of fair and equal access to justice due to legal aid. And thank those thousands of solicitors who have devoted their careers to helping others. But also to say that legal aid is too important to be put into retirement."

'What have we got to celebrate?'

Russell Conway is senior partner at Oliver Fisher

"It is worth remembering that until recently we had the best legal aid system in the world. Other jurisdictions sent delegations to look at it, learn from it and admire it. Now it is no longer 'to die for', the best in the world, it is a pale reflection of what it used to be.

"We have an underclass of legal aid lawyers paid a pittance to do challenging and complex work with often demanding and very vulnerable clients. City lawyers always smile when I say I do legal aid work; 'but you don`t get paid for that' they say, and in truth they have a point. The process of getting paid is so extremely convoluted and involves so much unpaid time that often you feel that the whole process conspires against you.

"On top of that are various time wasting audits, all of which cannot be charged for and the end result is that legal aid lawyers do end up doing a great deal of unpaid work.

"Whither this branch of our profession? Unless a new Labour Government were to make commitments to severely repeal LASPO I suspect that when the real pain of that Act has sunk in a great many firms will either shut down or cease doing Legal Aid work altogether. Some have already decided that enough is enough and stopped legal aid work. So what have we got to celebrate? A 65th Anniversary or a wake?

"I feel rather kicked in the teeth; I decided to be a legal aid lawyer back in 1980. Times were different then - but people's rights were respected and boy did we have a great Legal Aid scheme. I gave up a career in the city or the West End to help homeless people and tenants living in slums. I set up a matrimonial department to assist families in distress.

"I look back at all of this in the context of the shambles that is todays system and wonder whether in truth I would have made the same decisions then as I would today."

'Filling the gap'

Tim Bowden is a barrister practising from 7 Bedford Row

"Legal aid was intended to create a fairer and equal society by ensuring that all had equal access to the law. The reality now is that it can be incredibly difficult to get fair access to justice unless you already have money or power.

"This is not a small minority who are excluded. There are very few who can afford to challenge a powerful opponent, even if they are in the right. There are many lawyers who will try to help for free, but that can't fill the gap."