LSC 'could pay for' public civil lawyers

The Legal Services Commission (LSC) might roll out the controversial concept of government-paid solicitors into the civil arena, it has been revealed.

The scheme would follow in the footsteps of the Public Defender Service (PDS), which opened pilot offices staffed by salaried criminal law solicitors six months ago in Birmingham, Swansea, Middlesbrough and Liverpool.An LSC spokesman told the Gazette that it may look at setting up similar projects for civil cases where there is a regional gap in provision.It is also mooting the idea of 'wider centres of expertise' to support frontline providers of second-tier advice, which includes services such as telephone advice lines.

This could include the legal work undertaken by organisations such as Liberty or Shelter, he added.'There are no immediate plans, but it is an option in appropriate circumstances,' the spokesman explained.Karen Mackay, director of the Legal Action Group, said the idea should come as part of a national strategy aimed at funding salaried lawyers in organisations such as law centres.

'There are areas of need - for example, for immigration case workers - and the private practice funding structure is not flexible enough to meet these,' she said.

Legal Aid Practitioners Group chairman David Emmerson said: 'The LAPG would welcome consultation on any proposals which seriously have the aim of improving the supply of legal services in areas of need.

However, the commission has released no detail about this at all as yet.'The concerns that practitioners would have is to ensure that the terms on offer in any pilot are fair and include the opportunity for the commission to guarantee up front payment to cover salary and overheads for similar recruitment opportunities in solicitors' firms and law centres.

'There are unlikely to be the same major concerns about equality of arms and independence that there are with the public defender pilot.'Law Society President David McIntosh said: 'Clearly we need more evidence before commenting in detail.

As with the salaried defence service, we would look for the same safeguards - that is genuine choice for the litigant, quality of service and independence.'

By Paula Rohan