header-logo header-logo

15 August 2012 / Paul Fisher
Issue: 7527 / Categories: Opinion , Legal aid focus , Legal services
printer mail-detail

No such thing as a free lunch?

Paul Fisher shares his views on how to avert a pro bono crisis

The compliance of the legal profession with what has traditionally been understood as its moral imperative to “do good” by those less fortunate in society through the provision of pro bono legal advice is under threat. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the implementation of the Jackson Reforms have become the new concerns for an anxious profession. Regardless of the merits debate, their practical consequences are clear: the community legal service fund will suffer a sizeable reduction in value and the contractual instrument designed to fill the void left by a retreating state—the conditional fee agreement—will become far less attractive as an option for funding with the end of “success fee” recovery.

Three possible means of funding pro bono institutions during this daunting phase of austerity will be addressed in this paper: compulsory “pro bono costs”, the utilisation of “indemnity costs” and payments in lieu of mandatory pro bono services.

Compulsion

Section 194 of the Legal Services Act 2007 could

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Test Article Upgrade

Test Article Upgrade

"Neque porro quisquam est qui dolorem ipsum quia dolor sit amet, consectetur, adipisci velit...""There is no one who loves pain itself, who seeks after it and wants to have it, simply because it is pain..."

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

NEWS

Family lawyers cite financial disincentives for issuing child protection orders

A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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
back-to-top-scroll