English profession needs further support, MPs report

Further Government grants to legal aid practices and law centres in England & Wales should be considered to prevent them going out of business and accused people being left unrepresented, according to a House of Commons Justice Committee report published today.

The report notes findings of a survey by the Law Society of England & Wales  that by April, a month after the coronavirus lockdown started, lawyers' caseload in there lower courts was slashed by over 40% compared with the first quarter in 2019, and by 1 May, over 60% of high street solicitors said cash flow pressures could put them out of business by this autumn. 

Support provided by the Government to date, such as the furlough scheme, "is welcome, but it cannot compensate for the significant drop-off in the amount of work being done and remove the risk of a collapse in legal services providers", the report states. The business loan scheme had had a low take-up due to concerns over ability to repay, and there were those who missed out on qualifying for the self employed income support scheme.

Referring to the anticipated increase in volume of business to deal with outstanding cases as lockdown lifts, it adds: "It is important that the legal professions are in good shape to deal with the increase in demand for legal advice and representation that is on the horizon."

In conclusion it recommends that the Ministry of Justice considers proposals for interim support presented by the Bar Council and LSEW, and reports back to the committee on its decision, with reasons if it decides not to accept them; likewise on the committee's call to consider further grants for law centres and other not-for-profit legal services providers that are at risk of collapse.

Committee chair Sir Robert Neill MP said: "Let’s be honest about this. I know some people won’t have a lot of sympathy for lawyers who dress up in fancy gowns and speak a language of their own. People are under the misapprehension they are all on comfortable incomes. Some are, but very many, especially given their recent big drop in workload, are not.

"The Ministry of Justice needs to consider further grants for those working in law centres and others in the not-for-profit legal aid sector. Otherwise, the next time a victim of a crime or a defendant – both of whom may be on modest incomes – has a brush with the legal system, they may find they have no access to real justice."

The Lord Chancellor and Secretary of State for Justice, Robert Buckland QC told the committee: "I am working very hard, not just with the Treasury but internally, to see what more can be done to help the flow of regular income to the professions, particularly those at the sharp end of legal aid."

Welcoming the report, LSEW President Simon Davis said: "In these challenging times, it is vital that the wheels of justice continue to turn. The Government must heed the Select Committee and our calls on supporting legal aid firms through the crisis."

Click here to access the report.