Anger rises over legal aid plans

Published Friday, 27 May 2011

The row over legal aid costs has escalated, with solicitors in Northern Ireland withdrawing their services in opposition to the new rates proposed by the justice minister.

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Over 60 law firms that deal with criminal cases have now effectively gone on strike over David Ford's plans to cut the fees.

The move has left an estimated 140 defendants without proper legal representation.

According to Pearse MacDermott of the Solicitors Criminal Bar Association, Mr Ford's suggested pay rate would leave solicitors unable to properly prepare cases, leading to unfair trials.

"The cut will mean solicitors cannot prepare their case properly and defendants won't be fairly tried," Mr MacDermott told UTV.

"We have put forward a proposal that will meet the budget requirements but the justice minister has rejected that.

"He has instead put forward his own proposal which we feel will lead to a 54% cut in fees to solicitors. The minister's system will not lead to fair trials, it will lead to miscarriages of justice."

David Ford has responded by saying the solicitors have presented him with figures that don't add up.

"The figures they presented simply are not guaranteed to meet the budget we have to live with," he told UTV.

"The budget for legal aid has gone up almost three times in the last 10 years - it is unsustainable at that level. And I don't see how cutting the rate of pay to barristers could lead to miscarriages of justice."

Legal aid costs in NI have risen from £38m to £102m in ten years, with a significantly higher cost per capita than England and Wales.

The budget for the Legal Services Commission for 2011/12 is £83.5m, against a forecast spend of some £105.4m.

This will be reduced to £75m in 2014/15, at the end of the Budget 2010 period.

Mr Ford has stepped up pressure on solicitors by asking court officials to message all law firms to see if they are willing to work for the lower rate.

The Solicitors Criminal Bar Association is calling for the minister to meet with its members again to negotiate an agreement which will end the stand-off over legal fees.

Comments

6 Comments

sam nelson in coleraine wrote (358 days ago):

Talk about greedy solicitors and barristers. A friend of mine who is going through divorce proceedings ran up a hefty bill of £60.000. Ended up having to dismiss the team because of lack of progress. Challenged bill and after threatening to take it to the tax master(which anyone can) the bill was reduced and settled at £20.000 which was still a rip off. Could anyone tell me where I could find an honest one - I doubt it. My suggestion for Legal Aid. The accussed should be able to avail of the service once and once only. Any further offences they pay their own way or do without. Why should we the taxpayers fork out money especially when we se the abuse of the system. The legal proffession fall into the same category as some of those MP's and their duck houses. This is simply my opinion or as one often hears in court ' my client informs me' which allows for a complete tissue of lies to be presented to the court.

Rob in Ards wrote (359 days ago):

I totally agree with David Ford! Barristers and Solicitors have milked the system for years and ran cases right up until the court case then got their clients to plead guilty. At that stage they still get their fees, but haven't had to represent anyone. That is wrong!! How will reducing someone's pay mean they won't be able to do their job as well?? Will they lose part of their skills because they are getting less money? Course they won't. They are just being greedy!

OldSod in Fermanagh wrote (360 days ago):

David Ford needs to stand firm on this one. The cost of legal aid is staggering and it is unsustainable. Many issues dealt with in courtrooms, could be dealt with outside court without lawyers (like mediation or arbitration) while most magistrates court matters could also be dealt with more efficiently and fairly without the expensive and pointless procrastinating of lawyers. Visit any court, its like expensive street theater, with the slightest whimsical excuse used to delay, stall and run the bill up higher. I also find it crazy how the legal profession has such total and complete control without any kind of independent oversight. Perhaps it is time for a complete overhaul of the legal system, with emphasis placed on affordable, realistic justice with encouragement for people to settle matters outside courts through less expensive and time consuming mediums.

Jamesbelfast in Belfast wrote (360 days ago):

Yes the legal profession needs regulation from an idependent body not by themselves and their codes of practice, etc. Having said that when I was 14 years old my granny advised to go into the legal profession. When I asked why she replied. Well it's like this son if you do a good quality work you'll get well paid and if you do poor quality work you'll still get well paid. If only I had taken her advice.

TJMcClean in Belfast wrote (361 days ago):

Go get the fatcats David, you rottweiler you!

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