The President of the Law Society has spoken out on an issue
that has troubled lawyers for many years. Whose responsibility is it to ensure
that ordinary people get Access to Justice where they don’t have the means to
pay for their own lawyers?
For many years, this was dealt with by an effective and
extensive legal aid scheme. Solicitors could get a client, who met the
eligibility criteria, to sign a Green Form (who is old enough to remember
them?). The lawyers could give advice and help on any aspect of the Law of England
& Wales which was either free or subject to a modest contribution. Full
Legal Aid was widely available where court action was needed. It is only now
that we see how much that was taken for granted.
Fast forward to today. Legal Aid still exists but, since
2013, its scope has been massively restricted. There are whole areas of work
that are now excluded. The fees paid to legal aid lawyers have been decimated.
Many excellent lawyers have found themselves unable to continue to do legal work.
I have previously written about a waste land.
Which brings us to the President’s comments. This follows
suggestions that City Law firms should plug the gap by providing services free
of charge. He has, rightly, said that it
is the responsibility of the government to fund the legal aid system –
He has a point. Why should lawyers be expected to do it? I
said as much in a blog in 2014 –
Although I agree with his comments, the real world of access
to justice really does not give us the luxury to choose. Someone has to do it.
The recent election means that there is little or no chance
of full legal aid being restored in the foreseeable future. Some city firms do
a remarkable amount of free work but they certainly cannot do it alone.
Important work is being done by Law Centres, CABx and other
advice centres. Universities do a fantastic job with legal clinics manned by
students. They cannot plug the gap alone but equally in the absence of any
alternative, they need all the support that they can get. I referred to a number
of opportunities a few weeks ago –
I for one, will still argue the case for legal aid. Even
brick walls can shift a bit with hard work! As tough as it is we should not
shut up.
But I would also encourage anyone who can, to support the various
legal walks and other initiatives.
I have not made any new year resolutions for years because I’m
so rubbish at keeping them. But what we can resolve to do is adopt at least one
access to justice initiative.
