The Legal Services Commission (LSC) has dropped key proposals in the criminal legal aid contract being sent out this week after protests from the Law Society and criminal solicitors' groups.
The new contract no longer permits the commission to make unilateral changes whenever it chooses and will delay the imposition of a 28-day time limit on costs appeals until October to allow for further discussions. The changes will also be implemented in the civil contract.
Under the new terms, the commission has undertaken only to make changes to the contract in April and October of any year, except in 'exceptional' circumstances - for example when it is required to put legislation into effect.
The proposed time limit for costs audit appeals - which would give solicitors just 28 days in which to return all files for an appeal - will still appear in the contract. However, a letter from the LSC will clarify that the current appeals process will remain in place until 1 October, while negotiations continue.
The agreement follows talks between the LSC and the Law Society, Legal Aid Practitioners Group (LAPG), Criminal Law Solicitors Association (CLSA) and London Criminal Courts Solicitors Association (LCCSA).
The negotiating group says it is up to individual firms to decide whether to sign. In a letter to contract holders this week, Law Society President Peter Williamson says the contract is 'as fair and workable as can reasonably be achieved at present'.
LCCSA chairman Robert Brown said: 'This is a significant improvement and we are very pleased that the commission has agreed to these amendments.'
LAPG director Richard Miller said: 'The LSC has clearly moved a long way in negotiations. Whilst we are still not entirely comfortable with the unilateral amendment provision, it is a lot better than under the first contract.'
CLSA director Rodney Warren said: 'There are various aspects to the contract that aren't perfect, but the LSC has moved a considerable distance to listen to our concerns.'
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