The government granted criminal solicitors a last-minute reprieve last week by postponing two-tier contracts for legal aid work until 1 April 2016.
A “backstop date” could see the new contracts halted until 10 January 2017.
The Legal Aid Agency and Ministry of Justice had been due to begin using the new contracts, under which solicitors bid for own client work or duty solicitor work at magistrates’ courts and police stations, on 11 January 2016, but have been hit by a number of legal actions from unsuccessful bidders.
In a joint statement, Zoe Gascoigne, chair of the Criminal Law Solicitors Association (CLSA), and Greg Foxsmith, president of the London Criminal Courts Solicitors Association (LCCSA), said they had “always expressed opposition to Two Tier and warned of the risk of litigation. We also welcome the postponement of the new fee structure which we maintain will cause the collapse of many firms and damage stability.” They welcomed the announcement but warned it would mean a further period of uncertainty for affected firms.
The new contracts set up a “two tier” system under which
Alistair MacDonald QC, Chair of the Bar, welcomed the decision to postpone: “We continue to have serious concerns about the effects of dual contracting on solicitor colleagues. We believe that these measures are likely seriously to damage access to justice and the provision of high quality advocacy services in England and Wales.”
The MoJ says 519 out of 520 successful bidders have said they will accept the new duty contracts.
