Firms advised to sign criminal contracts

By Sue AllenAfter a week of tense negotiations, specialist law firms were advised last week by the Law Society and joint negotiating group to...By Sue AllenAfter a week of tense negotiations, specialist law firms were advised last week by the Law Society and joint negotiating group to sign criminal contracts if they want to continue doing publicly funded criminal law work.

The advice came after key amendments to the contract were agreed with the Legal Services Commission.

Following the negotiations, practitioners will continue to receive payments under the old structure for police station telephone calls and attendance.

Firms that signed the contract before 13 March were given the option to be paid under the old or new systems.

Rates of pay under the old system for police station work have been increased by 10% in line with the Lord Chancellors announcement last month (see [2001] Gazette, 8 February,1).

Commission chief executive Steve Orchard confirmed that the retention of the old system would remain until January 2002 to allow the LSC and practitioners time to review payment structures.

Firms that sign before 31 March will also be entitled to monthly instalments paid in advance.

The commission has agreed to establish a monitoring group to oversee and review the operation of the contract.

The Law Society will also be involved in monitoring actual spending under the contract, as against Lord Chancellors Department projections.

Firms wishing to remain on duty solicitor rotas must sign the contract by 19 March.

In a letter to practitioners, Law Society President Michael Napier said the proposals represented the best contract terms and remuneration rates to be achieved at present.

However, he said that although better, the payment rates fell far short of what criminal defence solicitors deserve for their skill and dedication.Franklin Sinclair, president of the Criminal Law Solicitors Association, had reservations about the agreement.

He said the group was offered an all-or-nothing deal and without being confident that it had the support of the entire profession, the group said that it had to accept.Mr Orchard said getting to the position where signing could be recommended was infinitely preferable to any other outcome.

He added: We still have things to do on the operation of the contract in practice, and to resolve the issue of police station telephone and attendance, and we hope to do that in a constructive and effective way.