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PRESS REACTION TO PRICE COMPETITIVE TENDERING:

WILL THE GOVERNMENT TAKE NOTICE OF IDENTIFIED PROBLEMS BEING RAISED BY LEGAL OBSERVERS?

Great article by Joshua Rosenberg in the Guardian: http://www.guardian.co.uk/law/2013/may/08/legal-aid-tendering-moj

This confirms my observations of the MOJ meeting I attended in Brighton on 8th May, 2013.

Dr Gibby tried to convince the audience that the Minister will listen to suggestions as to how to make savings.

The figure of £220m saving seems to have no real starting point as it was pointed out the figure of £1.1bn quoted in the consultation was historic and not reflective of the actual spend at the moment.  Quite strange as the CRIME CONTRACTS CONSULTATIVE GROUP, on the same day, issued figures of the Crime spend to effectively December, 2012. On any reading, there clearly has been a drop in the headline figure.

From previous experiences of 'Consultations', it would appear decisions had already been made and the 'Consultation' was merely a necessary stage to be shown to have been done to justify the changes.

Today, again in the Guardian, David Rowntree, the drummer in BLUR, who also practices as a solicitor attacked the government's legal aid changes, describing them as a disaster waiting to happen:http://m.guardian.co.uk/law/2013/may/11/blur-drummer-solicitor-legal-aid.

8th May, 2013.

THE END OF CRIMINAL LEGAL AID?

The Government has issued a consultation on Legal Aid: Transforming Legal Aid: delivering a more credible and efficient system.

The main points are:

The removal of legal aid from prison law matters that do not justify the use of Public funds.

The introduction of a income threshold in Crown Court legal aid.

Taking away Client choice of solicitor in criminal proceedings.

Introduction of Price Competitve Tendering for criminal work.

These are the main points that will affect Clients as choice will be removed.  If you have had the same solicitor for many years and have confidence in him, he will have to turn them away from his door and the Client will be allocated the next solicitor on the list.

The many years of looking after Clients well, building goodwill, will become worthless.

Price competitive tendering will mean the lowest bidder will win a contract.  This will remove quality and experience from representation. The question will be: 'how confident can you be in the lawyer who has only got your case as he has made the lowest bid so will want to deal with your case as quickly as possible?

Also proposed is the fee paid to your representative will be the same whether you plead Guilty of have a trial that last 2-3 days? this will put pressure on solicitors to 'persuade' their Client to plead Guilty. This is clearly in conflict with Law Society Rules which require you to do the best you can for your Client.

For the Government, this makes them appear to be showing a Hard Line. Politically more advantageous than providing, what is accepted Internationally, the best Justice System in the World.

The spend on Criminal legal Aid has been reducing over the last few years due to changes in funding, particularly the introduction of fixed fees.  Firms have made adjustments. BUT there is little more that can be done to reduce costs without the quality of service, a standard we have had to maintain to retain contract, being affected.

If this does come into effect, it will force firms to focus on struggling for survival rather than providing a quality service to Clients. It would also not promote Access to Justice as the market would turn into a monopoly with only a handful of providers with no competitors to bid in any subsequent round of contracts.

The fight has only just started.

Geoff Wordsworth

CHRISTMAS DRINK DRIVING WARNING

December 2012-January 2013.

Just a little reminder that Police Forces will target Drink Drivers over the Christmas period.

If you are going out to celebrate, please ensure you have a 'NOMINATED DRIVER', who will not drink or JUST DON'T DRIVE TO THE VENUE.

When you've had a few, your judgment will be impaired. DON'T take the risk of driving, even a short distance.

Pub and Restaurant car parks will be watched.

Don't be tempted to 'sleep it off' in your car as you could be arrested for being 'DRUNK IN CHARGE'

AND REMEMBER, you could still be over the limit the morning after, as it takes time for the alcohol to work its way through your system.

IF YOU ARE STOPPED - REMEMBER that FAILURE TO PROVIDE A SPECIMEN carries the same disqualification period.  There are very few exceptions to this offence.

YOU CANNOT DELAY THE DRINK DRIVE PROCEDURE TO SEEK LEGAL ADVICE - This is NOT a reason to not take the test.

IF YOU HAVE A MEDICAL CONDITION that may prevent you taking the breath test, you should make this known to the custody officer - such as asthma, heart condition, etc .

BLOOD TEST: You cannot demand a blood test in preference to Breath.  HOWEVER, if your breath reading is between 40 - 50 micrograms, the custody officer will tell you that you have a STATUTORY RIGHT to a BLOOD/URINE TEST. HOWEVER, the custody officer will decide which test you have - invariably he will go for BLOOD.

IF  YOU, OR SOMEONE YOU KNOW, GETS ARRESTED OR CHARGED WITH  DRINK DRIVING OR ANY CRIMINAL MATTER  AND YOU NEED ADVICE - WE ARE AVAILABLE 24 HOURS A DAY, 365 DAYS A YEAR.

HERE'S WISHING ALL OUR CLIENTS, OLD AND NEW, A SAFE AND HAPPY CHRISTMAS AND NEW YEAR.

IF NOT, YOU KNOW WE ARE HERE FOR YOU

REGARDS,

GEOFF WORDSWORTH, Principal of MACKESYS