Demoralised firms shun legal aid work

More than half of legal aid firms are turning their backs on publicly funded work, blaming poor pay, red tape and onerous standards, Gazette research has shown.A survey of 150 firms throughout England and Wales, supported by the Legal Aid Practitioners Group (LAPG), found that 57% of respondents have already given up legal aid contracts or are considering doing so, with 21% having dropped more than one area or looking to do so in the future.

Worst hit was family law, with 15% of firms saying they had stopped or were set to cease all legally aided family work.

This was closely followed by crime (14%), and housing (11%).However, 85% of respondents said they had no intention of taking on new areas, potentially leaving a major shortfall in advice provision.Of those who gave reasons, 54% said legal aid work had become unprofitable,with 23% arguing that they could not meet the supervisor requirements governing the amount of work they needed to do to get a contract.

One in five blamed bureaucracy.LAPG chairman David Emmerson said the research confirmed anecdotal evidence that legal aid is in trouble, and called on the government to provide extra funding.'Despite the impressive rates rise last year, there is a fear that there is no money for rates rises this year, and organisations look for consistency and certainty of funding,' he argued.

'It is extremely difficult to make plans when you don't know what your charging rates will be next year.'Legal Action Group director Karen Mackay said the 'alarming' situation could be eased by lowering the supervisor requirements to help firms which are not 100% legal aid.'The LSC [Legal Services Commission] really has to start looking at its relationship with its suppliers, because at the moment it is adding more and more requirements and not removing any,' she added.The survey - also backed by the Immigration Law Practitioners Association, Criminal Law Solicitors Association and e-mail group Criminal Defence Lawyers - showed 52% of firms have had recruitment problems.Finding fee-earners was a headache for 46% of firms, while 29% said they had trouble in getting administrative, secretarial and support staff.

Of the 48% who said they had no problems, a large minority has not recently tried to recruit.The LAPG this week unveiled a consultation paper focusing on possible ways of recruiting and retaining senior staff and attracting trainees into legal aid work, such as LSC grants for trainees, changes to the legal practice course and training contract, the use of external supervisors, and enhanced rates for panel membership.Law Society Vice-President Carolyn Kirby said: 'This survey reinforces our concern that there may soon not be enough legal aid solicitors to meet the public's needs.

The government must urgently address the problems of unprofitability - caused by low fee rates and burdensome administrative requirements, which make so many solicitors feel they have no choice but to give up legal aid work.'A joint statement from the LSC and Lord Chancellor's Department said the two are committed to maintaining comprehensive coverage of publicly funded legal services.

It said: 'We believe that exists at present.

We have some 3,000 contracted solicitors in crime and 5,000 in civil.

We can and will improve coverage in some categories of law, such as asylum and other social welfare law categories, by offering incentives and developing new methods of delivery and by encouraging different types of suppliers, such as the advice sector.'We have acted to reduce bureaucracy by working with, for example, LAPG.

We have taken steps to improve remuneration to help ensure that we continue to have sufficient solicitor suppliers.

Rates for civil solicitors were raised by 10% last April, and for criminal solicitors by 7%.'We are ready to discuss with the Law Society and LAPG what steps might be appropriate to ensure services in the longer term in the light of the resources available and the priorities for use of those resources.'

By Paula Rohan