When there is no enemy within, the enemies outside cannot hurt you.


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“When there is no enemy within, the enemies outside cannot hurt you.”
Winston Churchill

There are approximately 125,000 solicitors practising in England and Wales and a further 40,000 who remain on the Solicitors Roll but who do not practice. Additionally, there are about 6000 barristers working in the country.

The e-petition created by Rachel Bentley needs 100,000 signatures to make sure a debate in Parliament on the Ministry of Justice proposals for the reform of Legal Aid. So why have we not yet reached the figure needed? Maths was never one of my strongest subjects but if all the solicitors and all the barristers signed we would be well over the finishing line by now.

Well, obviously not all will support the petition, although I have been struck by the sense of unity within the criminal profession, both solicitors and barristers. Some will still not know about it as it simply does not affect their part of the profession. What relevance does legal aid have to a city lawyer. Others, and this is a view I have come across more and more often, have said to me why should I bother, you did nothing when the Ministry came for me?

This is sadly, true. For too long now we have sat on the sidelines whilst we watched others within the profession get slowly taken apart and thought “Well, thank goodness it wasn’t me, this time!”

Conveyancers lost out as their part of the industry was made open to the market, probate departments watched as unregulated will-writers moved in and took a massive share of the market. The Bar struck a compromise when solicitors fees were cut, solicitors lapped up the right to become Higher Advocates. Civil lawyers were left reeling after various funding reviews and criminal lawyers breathed a sigh of relief when LASPO seemingly left us largely untouched, whilst the family lawyers looked around at the devastation caused.

It’s natural to want to protect your own. It is perhaps understandable to walk on by when you might get hurt by wading in. What it means is that when you need someone to help you they may simply not be there.

I blogged about the possible consequences of LASPO when it was being mooted as far as criminal lawyers were concerned. I mentioned the impact on my family lawyer colleagues but no more. I didn’t understand them, I didn’t appreciate the likely consequences enough to comment on them and left it to those that did to try and do something about it. I regret that now. It may have been of no help but at least I could say I tried.

The Ministry of Justice tell us that they are prepared to listen to us, that they will seriously consider an alternative to PCT and across the board fee cuts if we can show an alternative. The reality is that without the figures, the information on costs, costing and so forth we are always going to be at a disadvantage. The people who hold this information are the very people who want to impose the cuts. We need to have this matter in the open, to have it properly debated and examined and not just within a closed group of lawyers.

The e-petition will not in itself stop PCT, it cannot propose the alternative, but it will raise the issue to a wider audience and will hopefully allow a debate that we can all contribute to.

If you are a lawyer of any sort please sign it, have your colleagues sign it, have your family sign it and raise the issue everywhere. Let us all as a profession, regardless of discipline, history or position move forward together as one. Otherwise when the men from the Ministry come for you, and they will, there may be no-one there to stand by your side.

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Author: crimsolicitor

I am a Criminal Defence Lawyer, committed to providing the best defence I can for those who need it, regardless of their ability to pay...

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