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20 May 2022 / Roger Smith
Issue: 7979 / Categories: Opinion , Legal aid focus , Profession , Criminal
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Legal aid: welcome to the fight

81963
Legal aid has been run into the ground. Is it time for public defenders to step in, asks Roger Smith

No reader can be unaware that the Criminal Bar Association is conducting a major campaign for better remuneration. Its Twitter account headlines its uncompromising stand: ‘Unless and until there is substantial movement to meet our legitimate demands, don’t expect a ballot of members on withdrawing its current industrial action.’

The Bar’s most effective weapon has been its policy of members refusing to take late return briefs. This removes flexibility from the scheme, adds further delay to a justice system near to breakdown from a decade of cuts and court closures, and causes victims politically visible pain. Unfortunate but necessary industrial action. I have no principled problem with that. Politicians want to play politics with legal aid? Welcome to the fight. I am for the lawyers.

I do have an issue, however, with one of the demands of the campaign: that barristers will not join the fledgling Public Defender Service (PDS). In the words of a hit from my

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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