I read with interest last week’s item about legal aid business models (see [2010] Gazette, 11 March, 12). As far as family law is concerned, the 2010 fee structure and the way that solicitors in private practice are now audited (they must have documentary evidence of means on file when audited), creates excessive bureaucracy just to earn £95 plus VAT per case.

For this reason, I intend using a trainee solicitor for family legal aid work, supervised by a solicitor with three-years post-qualified experience, while the rest of us concentrate on private client work. In this way, experienced lawyers will lose touch with certain types of legal aid work and clients will only see an experienced solicitor if the case merits it.

The Legal Services Commission and Ministry of Justice, under the guise of ‘quality control’ and ensuring that taxpayers receive value for money, have created a two-tier legal system. The poor and vulnerable do not get advice from an experienced lawyer, but get to speak to an inexperienced one instead.

Not only that; the Community Legal Advice call centre does not operate under the same strict audit criteria and can do two hours’ work without obtaining documentary proof. It is clear that, in a few years, low-level legal aid work will be outsourced exclusively to a far-off call centre because the LSC and MoJ are more interested in saving money and being seen to do the right thing – letting poor people get some advice, rather than allowing them to get advice from properly qualified, experienced lawyers.

The LSC and MoJ understand only the cost of legal aid and not the value of proper legal advice.

If you went to see your GP and only got to see a student doctor, or a paramedic, until your case became very serious would you feel that you were being treated properly by the NHS? Those who can pay will get all the attention; those who cannot will get poorly treated. The LSC/MoJ can have as much quality control in place as they like. The business reality is that partners trying to earn enough money to survive will dictate an alternative business structure for legal aid work. The fittest will only survive by pushing legal aid advice down the food chain, and by attracting private clients to satisfy those further up.

Michael Robinson, Partner, Emmersons Solicitors, Sunderland