Solicitors this week pounced on the long-awaited publication of an independent report into the Public Defender Service (PDS) as evidence that it is 'massively more expensive' than private practice.


The research by leading legal academics found that PDS costs were between 71% and 93% higher than private firms for police station attendance cases, and between 41% and 58% higher for magistrates' courts work. There was little difference between PDS and private practice costs for Crown Court work.



However, PDS lawyers performed better than private practice solicitors in some areas, with fewer police station clients charged with a criminal offence. They were also more likely to advise clients of their right to remain silent - indicating their independent approach - and to attend in person at police stations.



Legal Aid Practitioners Group director Richard Miller pointed out that the PDS offices that performed well 'had average chargeable hours per fee-earner of just 800, compared with Lord Carter's requirement of 1,400 hours'.



He added: 'This is the fifth year of the PDS. How much longer are we going to go on overpaying for this, while cuts are imposed on everyone else?'



Law Society chief executive Desmond Hudson said: 'We welcome the report's suggestion that PDS costs provide a benchmark for a minimum level of cost for the delivery of quality legal advice. That approach for private practice could secure a sustainable future for the very fragile legal aid sector, which provides independent representation.'



The research was headed by Professor Lee Bridges at the University of Warwick and Professor Avrom Sherr of the Institute of Advanced Legal Studies in London. Prof Bridges told the Gazette that the high PDS costs could in part be attributed to the fact that the research was based on the first three years of operation, when it had to build a client base but was fully staffed to provide a comprehensive service. However, he added: 'The research shows the government is already getting value for money from private practice [in the police station and magistrates' courts]'.



Criminal Law Solicitors Association chairman Ian Kelcey noted that some PDS offices were staffed by solicitors from existing firms who would have brought clients with them. He added: 'If you compared the PDS with a three-year-old law firm, I suspect [the firm] would still be far cheaper.'



Prof Bridges added that with the introduction of price competitive tendering, the PDS should be retained as a 'quality benchmark' and toprovide 'a protection against market failure, which is a real possibility'.

He said the report had been made available to the Legal Services Commission (LSC) last summer, but there had been a delay in obtaining ministerial approval for publication.



The LSC claimed the research showed the PDS provides a better quality of service than private practice. Head of employed services Gaynor Ogden said the service 'has a lot to offer the commission as a test bed of service delivery and a role in informing policy', adding that an announcement would be made soon about its future shape.



See also Editorial



By Rachel Rothwell