Defence solicitors would no sooner take industrial action than leave vulnerable or disadvantaged clients without representation in court (see [2004] Gazette, 30 September, 4).


It is for that reason that defence solicitors have habitually worked pro bono, representing clients not eligible for, or inexplicably refused, legal aid. This commitment has kept the busiest of magistrates' courts running smoothly and has surely influenced Treasury thinking in maintaining criminal legal aid remuneration at appallingly low levels.



Recent reductions in scope, abolition of certain types of advice, assistance and representation have increased pro bono work and heightened concerns about the future sustainability of some legal practices. Proposals by both the government and the opposition will increase the need for representation. The consequences for the civil budget and hence the socially excluded are obvious.



Cardiff Solicitors concerned to maintain effective defence, protect individual liberties and prevent miscarriages of justice recently held their first day of quiet protest. As a measure of support, it was unanimous. As a protest, it ruffled feathers.



It may have been coincidental, but it was certainly fortuitous that the new permanent under-secretary of the Department for Constitutional Affairs (DCA) just happened to be in Cardiff Magistrates' Court on the day.



The work being done by the Legal Services Commission and the DCA in ensuring more efficient use of the legal aid budget is appreciated. However, repeated requests have been made of the Treasury and other government departments to undertake to increase the DCA budget to meet increased demands brought about by new legislation. In essence, if a government department seeks to introduce a new initiative that will impact upon the criminal legal aid budget and consequently the civil budget then that department should fund it or abandon the initiative.



Roy Morgan, Morgans, Roath, Cardiff