Lisburn solicitors vote to pull out of legal aid work

The Lisburn Solicitors’ Association has passed a resolution supporting a Directive by the Law Society of Northern Ireland that solicitors must not undertake work for which they will not receive ‘reasonable or adequate remuneration’.

It is the latest move in the dispute between the legal profession in Northern Ireland and the Department of Justice which is trying to reduce the amount paid to lawyers in legal aid.

“All solicitors have overheads including rates, insurance, professional indemnity insurance, practice fees and staffing costs. This Directive seeks to prevent firms undertaking work which is not economically viable” said a spokesman for the Lisburn Association.

He said they have been left with no alternative because cuts to the legal aid budget means it is no longer economical to take on the work.

The local solicitors claim any firms involved almost exclusively in serious criminal work are now being asked to accept a reduction of over 50% in legal aid rates.

“Local solicitors believe the reduction in rates for serious criminal cases will result in a major crisis in the criminal justice system throughout Northern Ireland, as more and more solicitors find that this work is uneconomic and in contravention of the Law Society Directive” he said.

Last week Justice Minister David Ford told his officials to write to all law firms in Northern Ireland to ask if they will work under the fees introduced in March. And he told the Justice Committee at Stormont that while a ‘significant number of firms’ have come off record since the new rates were introduced, some continue to practice.

The Department of Justice has said legal aid costs in Northern Ireland are 20% more expensive per capita than in England and Wales.

However, the Lisburn solicitors rejected that claim. “They have a very different procedure in England and Wales from that used here” the spokesman said.

“Recent tinkering with the legal aid scheme in England and Wales has resulted in many major urban areas being deprived of access to legal aid as practitioners find they cannot maintain a business working for uneconomic rates of pay.”

The spokesman said they accepted economies and efficiencies have to be made in all areas of public expenditure but said solicitors have already accepted drastic reductions over the last few years in legal aid rates.

“This latest move is ill-considered and has been taken without regard to the general wellbeing of a civilised society which depends on access to justice by all its citizens regardless of their means” he said.

“There will now be an unacceptable delay in having major cases dealt with in all Crown Court including Belfast and Craigavon which handle virtually all cases arising in Lisburn area.

“This will impact on all involved in the criminal justice system including victims, defendants and witnesses.”

However, Mr Ford said the current level of expenditure on legal aid is unsustainable and insisted the new fees were subject to lengthy consultation with the Law Society and Bar Council.

“If we cannot get a resolution to the current situation, then in the interests of ensuring access to justice, I will have to look at other options” the minister said.

But the Lisburn solicitors suggested the the Department of Justice should undertake a review at the end of June to see how many defendants had been legally represented at Crown Court arraignments during May and June.

“The Minister and his officials need to go back to the drawing board and re-open negotiations with all court users before this crisis develops any further” their spokesman said.