Criminal Defence: 44% of practices anticipate becoming smaller in aftermath of review

Almost half of criminal defence law firms fear they will be forced to shrink if key proposals in the Carter review go ahead, with nine out of ten also opposing the creation of bidding consortia and long-term fixed contracts.


Research by the Criminal Law Solicitors Association (CLSA), released last week, showed that 44% of firms anticipated their practices becoming smaller post-Carter. Just 15% expect to expand.


The survey of 275 firms found that 84% were against the general plan to create larger but fewer suppliers. Almost all - 96% - were unhappy with the proposal for fixed-term contracts limited to one to two years.


Some three-quarters objected to competitive tendering for high-cost cases, with 73% also opposed to a restricted panel for those cases.


More than half of respondents do not expect to be practising publicly funded defence work in three years' time, while 63% believe their firms will ditch the practice area if the income derived from it falls.


CLSA chairman Ian Kelcey said: 'The survey shows the diversity of those practising in criminal law and demonstrates that one size will not fit all. There is an element of geographical sensitivity and also black and minority ethnic sensitivity in this area of practice. At this point, Lord Carter and the government need to have regard to that.'


A Department for Constitutional Affairs spokesman said: 'There is a need to move towards smaller numbers of suppliers dealing with higher volumes of work, which will generate efficiencies. There is opportunity for all firms to benefit from this growth in work. The final report will include proposals on advice to smaller firms about working in consortia.'


Meanwhile, at a meeting for ethnic minority firms hosted by the Law Society last week, Society of Asian Lawyers spokesman Sundeep Bhatia said the Carter review had so far only paid 'lip service' to the issue of ethnic minority firms. He said: 'We met with the review team recently, and they do not seem to have the foggiest idea of what to do about [ethnic minority] firms. It was quite concerning.'


A spokeswoman for Lord Carter said: 'We are keen to maintain a dialogue with consumer groups, the Law Society and practitioner groups to identify what can be done via procurement changes to have a positive impact on the ability for black and minority ethnic clients to access good-quality legal services.'