Moves are
clearly afoot to transfer to burden of securing access to justice from the State to the Legal Profession.
This has
been a live issue for a few years –
It also
featured in Michael Gove’s first speech as Lord Chancellor in which he made no
secret of his view that it was our responsibility –
This has
been followed by a report from think tank ResPublica which takes the argument 'where no one has gone before'. They are calling for a compulsory pro bono ‘tax’ on practising lawyers
requiring them to ensure that at least 10% of their work is done for no pay –
with an exception for the beleaguered legal aid lawyers who only face a 5% tax.
The first
problem with this proposal is that is completely ignores the work already done
by the profession. In my blog from last year I referred to research by the Law
Society which showed that Pro Bono work accounted for about 3% of turnover of
all firms - £601m. This is rarely reported by the media.
The
ResPublica Report then goes on to insult the entire profession by saying –
“A mandatory pro-bono obligation regulated by the
professional bodies could help inculcate an understanding across the profession
that the law is not just a business but also and most importantly a vocation.”
Now there may be some lawyers working in the City who have
that attitude but I do not know any solicitor who not did go into the profession
with an awareness of the need to secure justice for all. That is why many
lawyers chose legal aid work, human and civil rights work or represent victims
of accidents at work or medical negligence. Having regard to the relentless
attacks of the last few years, nobody would choose that work simply as a means
of getting rich.
But there is another more serious objection. Why should the
legal profession pay an additional 10% tax by way of unpaid work? Tell me any
other ‘vocational’ profession where that would even be considered. Lawyers pay
tax like everyone else. How many journalists, doctors, teachers or politicians
would consider sacrificing 10% of their income just for the privilege of
working? The whole idea is misconceived as it is rooted in the myth of the ‘fat
cat’ lawyers. More firms have gone bust in the last 5 years than in my previous
30 years as a solicitor.
How dare this remote think tank in Wesminster question the vocation of those lawyers who cannot new accept criminal work as the new legal aid rates would be a road to oblivion?
It may be that ResPublica are directing their attacks at
those wealthy commercial and banking lawyers who do earn huge salaries. But
this assumes that all lawyers have the same skills and experience. A high
flying solicitor who is a genius at mergers and acquisitions will have no
experience of defending those threatened with homelessness of appealing against
benefit sanctions. That is specialist and demanding work – not ‘cast off’ work
that can be dome almost as a hobby.
Of course the real agenda here is that access to justice is
in crisis. I have previously called it a waste land. Mr Gove acknowledged this
in his speech. We all know that the answer to this is a properly funded legal
aid scheme guaranteeing all citizens access to our justice system. The government
has no intention of considering this and so they turn to the easy targets – the
lawyers!
That approach is now getting a bit long in the tooth and I
suspect that the public will begin to see it for what it is.
All very good points! Their continued battery of the legal sector is no different from a schoolyard bully stealing the same kid's pocket money every day.
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