The hidden consequences: should the public be worried?
The Association believes that, if implemented, the proposals will lead to: -
- The loss of experienced lawyers skills and knowledge from the system – irreplaceable.
- A lack of any incentive to attract talented lawyers in to the system, as demonstrated by research conducted by the Law Society.
- Economic and social costs to local communities as a result of the closure of legal aid law firms.
- A reduction in the quality of defence work, risking an increase in the number of miscarriages of justice. This impacts on the "human cost" to the lives of effected individuals, costs of re-trials, costs of civil claims, cost in terms of the reputation and a loss of confidence of the criminal justice system.
- Extra costs for implementing the system: Lord carter has recognised that his proposals will entail significant transition costs but has made no specific provision for meeting these.
- A reduced standard of defence, encouraging lower standards in the police and CPS. Defence lawyers traditionally hold state agencies to account. Poor or shoddy defence work will inevitably encourage lax policing and prosecution.
- The loss of the lawyer-client relationship and knowledge, leading to loss of continuity within the case, causing delays in the time and number of hearings required to complete cases. There will be a financial incentive not to make representations to the CPS to discontinue a prosecution because these are often time consuming and generally fail.
- Perpetual bidding rounds for all, leading to increased costs for the LSC and for firms:- business planning, employment/expansion will be all but impossible with short term contracts.
- A massive increase in bureaucracy for firms and the LSC as a result of numerous different contracts for different police stations and courts, with varying rates of pay.
- The long term danger of a few large firms taking over the entire system and controlling the market; if one of those firms fails, will there be a vacuum?
- The closure of firms, jeopardising the sustainability of the national supplier base and causing the creation of advice deserts in civil and criminal legal aid.