England: Solicitors refuse cases over poor legal aid rates

England: Solicitors refuse cases over poor legal aid rates

Lawyers in England and Wales are refusing certain cases because they lose money on them due to legal aid rules.

Richard Atkinson, president of the Law Society of England and Wales, said members were turning away people charged with certain crimes including burglary.

The society is in a dispute with the Ministry of Justice (MoJ) over its failure to recommend a 15 per cent uplift in legal aid rates.

Mr Atkinson said swathes of cases would be abandoned because of the situation.

“I was talking to a colleague a few months ago, and he said to me someone came into the office and said ‘I’m charged with burglary, and I need representation. I’ve been to 11 firms, and they said they can’t represent me.’ And he had to say: ‘Well, I’m afraid that’s now 12’,’” said Mr Atkinson.

“Because burglary is the worst paid category of case in the Crown Court for solicitors, it is a clear loss-maker. Firms can’t afford to take on loss-making cases on the basis that they’ll trade better ones because the better ones aren’t good enough to allow you to do that.

“It won’t just be burglary. People will say ‘I’m not doing this type of case because I can’t afford to do it. I can’t subsidise the government by making a loss on this.’”

Of other crimes, Mr Atkinson said: “Sexual offences that fall in category D [categories run from A to K in descending order of seriousness] are not well-paid. I’m certainly aware of difficulties finding advocates for category D offences already.”

A 15 per cent increase in fees was recommended in 2021 and the society won a judicial review case over the MoJ’s refusal to implement the recommendation, to no avail.

An MoJ spokesperson said: “Criminal defence solicitors play a vital role ensuring justice is delivered. That is why we have announced a £24m investment in criminal legal aid to support the sustainability of the legal aid sector and help make sure that solicitors are properly compensated for their work.”

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