BVT could result in a shortage of criminal lawyers, says Law Society

17 April 2008

Criminal legal aid lawyers will be at risk of extinction if best value tendering (BVT) is introduced as law firms abandon training programmes to cut costs, says the Law Society.

Figures obtained under the Freedom of Information Act reveal that on average only one new duty solicitor for every four criminal legal aid law firms was recruited last year*, and the Law Society fears a worsening crisis in legal aid as practitioners available to those who cannot afford representation will become even fewer under BVT.

Legal Services Commission proposals to introduce BVT into criminal legal aid procurement will force law firms to cut overheads such as training to be able to offer low tenders.

Andrew Holroyd, President of the Law Society, says:

“We could see a situation where the tendering process is so competitive firms have no choice but to abandon what is one of the most important elements of legal aid practice – the training of the next generation.”

“Even where training is maintained, there will be little in the pot to pay trainees. Numbers of new legal aid lawyers is already dangerously low and with the number of people being arrested and brought to justice rising, the need for these practitioners is high.”

Katherine Gibson, President of the Law Society Junior Lawyers Division, adds: “Many young lawyers enter the profession because they want to work in legal aid and help those who might not otherwise have access to justice. These plans will effectively wipe out opportunities to train and work in legal aid and will deter many from entering the profession.”

“The knock on effect is that we will eventually see criminal legal aid solicitors become an extinct breed, leaving those in need of legal advice and representation without a voice.”

The Law Society point out that it might not be just new recruits who suffer as a result of BVT. Those already practising face new threats.

Andrew Holroyd says: “There is already a battle for talent in the legal profession. Legal aid practices will struggle to hold onto their staff and put in a competitive enough tender at the same time. It could easily be a choice between one or the other.”

“There is a misconception that everyone in the legal profession is handsomely rewarded. Many of those firms working in legal aid are already stretched and cannot pay staff well. BVT could worsen the situation.”

To see the Law Society’s full response to the BVT consultation go to:

http://www.lawsociety.org.uk/newsandevents/news/view=newsarticle.law?NEWSID=376373