Lawyers stepped up the pressure on the government over its legal aid policy last week, as Cardiff solicitors went on strike and a pressure group was formed to orchestrate industrial action nationally.

The Law Society also linked up with well-known charities to launch a 'What Price Justice?' campaign this week, calling for immediate investment in legal aid to address the 'acute shortage' in solicitors dealing with family, housing, debt, immigration and mental health work.


Cardiff solicitors took action in protest at the means-testing process this weekend. All criminal law solicitors closed their offices between 6pm on Saturday and 9am on Monday, remaining 'completely incommunicado'. The action left just one duty solicitor in Cardiff and one in Barry to represent clients at police stations, with lawyers in surrounding areas agreeing not to provide back-up. Solicitors refused to represent defendants in courts on Monday morning unless they were existing clients with a representation order.


Trudy McBride, president of the Cardiff Law Society, said no one had 'broken rank'. The action caused delay in the courts and an increase in the number of adjournments. Ms McBride said solicitors had felt compelled to act as the means-testing threshold meant many clients were being denied access to justice.


Cardiff solicitors also voted for a national strike last week. More than 100 lawyers backed a motion to take action in the police stations, magistrates' and Crown Courts, provided it is supported nationally.


Ms McBride will chair a meeting of the newly formed Criminal Defence Action Group this month. The pressure group - formed at a fringe meeting at the Criminal Law Solicitors Association (CLSA) conference last weekend - aims to organise a countrywide strike over means testing and the Carter reforms.


Organiser Roger Peach of Peach & Grey in Southampton said he expected to 'mobilise 1,000 solicitors' by 1 December. He said he has 200 signatures to a requisition for a motion to be put before the Law Society Council, calling for a position that rejects competitive tendering.


Law Society chief executive Desmond Hudson said the council had made it clear that it is strongly opposed to the Carter proposals in their current form. But, he added, 'members are always welcome to bring their concerns to [its] attention' and the Society wants to engage solicitors in open debate.


He insisted legal aid solicitors would only contemplate strike action in the gravest of situations. 'We will do all we can to support solicitors through this difficult period and work to ensure the regulator takes into account the seriousness of the threat facing legal aid.'


The Department for Constitutional Affairs (DCA), Legal Services Commission (LSC) and Law Society Regulation Board warned a strike would damage clients' interests.


Legal aid minister Vera Baird promised to review the means-testing form and process 'as a matter of complete urgency' at the CLSA conference last week. She said solicitors should not go unpaid because of 'technical' errors, and said she would look again at the two-day time-limit for submitting forms to qualify for early cover payment. LSC criminal defence service director Derek Hill added that a five-day time-limit for submitting forms may be introduced. However, CLSA members unanimously resolved that the current means-testing system 'will not work'.


Meanwhile, the Law Society has launched a campaign with MIND, Shelter, the NSPCC and the Refugee Council. It warns that without immediate investment to 'stabilise the legal aid sector', there will be an 'acute shortage' of lawyers in many civil and family areas throughout the country.


Mr Hudson predicted that four out of five towns will have no legal aid advisers working on children cases under the Carter proposals, with 'the state... left unchallenged when it removes children from their families'.


In a joint LSC/DCA statement, a spokesman said 95% of the population live within five miles of a legal aid provider, and provision must 'move to be based around the needs of clients - not lawyers'.


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