I refer to Roger Smith's article 'Facing hard times' dealing with proposals to 'reinvent' legal aid contributions in criminal cases (see [2004] Gazette, 22 July, 16). I share some of his concerns but have observed, not for the first time in your pages, an assumption that we are weak and either too supine or politically correct to play up to our undoubted strengths.


Since no solicitor will be prepared to act for less than the full criminal legal aid rate, each individual client will need to be told that we will not act until sufficient proof of income/capital/expenses are to hand, and that the failure to make the down payment on time will result in us revoking the legal aid (assuming it has been then already granted) and refusing to act at all. The possibility that you may have to conduct your case without a solicitor concentrates the mind just as wonderfully as the knowledge that you are to hanged in the morning.


There is nothing Draconian or revolutionary in this. We have all had experience of cases where the magistrates have revoked a legal aid certificate in these circumstances, and most of us will be able to recall those cases where the client had chosen not to accept the offer of legal aid, and has continued unrepresented. I am thankful that I never had experience of down payments, since rumour has it that some solicitors felt under considerable pressure to pay these in order to 'get the legal aid started'.


Administratively, it will be yet one more burden, but in terms of professional attitude, perhaps this letter may put some much-needed resolution or 'spine' into our branch of the profession.



RG Le Pla, Simpson Duxbury, Bradford