LSC slammed over 'bullying tactics'By Sue AllenCriminal practitioners this week accused the Legal Services Commission of using 'bullying' tactics to try and pressurise firms into signing contracts when they come into being in April.
The criticism came in response to a letter by Commission chief executive, Steve Orchard, published in the Gazette this week (see page 18).
Mr Orchard said that although representative organisations had suggested firms refuse to sign the contract, it was 'essential' they understood that because of a change in the law, only those which had signed would be able to undertake Commission-funded criminal work after April.
Eileen Pembridge, vice-chairman of the Law Society's access to justice working party, described the letter as 'an outrageous piece of bullying'.She said that if the Commission fails to provide a contract reasonable enough for firms to sign, it will be their fault if people go without representation in court.A Legal Aid Practitioners Group spokesman said that to avoid a 'crisis' in the criminal justice system, parties must work together to reach 'a fair and properly remunerated contract'.
Concern was also expressed by practitioner groups this week over telephone calls by the Commission to firms over monthly contract payments.Criminal Law Solicitors Association chairman Franklin Sinclair said the Commission had been 'underhand' and gone behind the negotiated timetable.
He said some firms have been told that if they fail to agree monthly payment figures within seven or 14 days, they will not be paid at all after April, or that payment will be set at the Commission's figure.
A Law Society spokesman said concerns over pressure being brought to bear on firms to agree payment rates while negotiations were ongoing had already been made known to the Commission.
A Commission spokeswoman said the telephone exercise was to ensure that offers would be as acceptable to as many firms as possible when formally made in February.
Time limits have been set for the end of the informal process to allow the Commission to start putting formal offers, but firms which have not agreed will not be disadvantaged, she added.
Practitioners suspect that the exercise is really aimed at gauging how many firms will refuse to sign the contract.
It comes as momentum against signing contracts - until they are considered to be 'fair and workable' and properly remunerated - appears to be growing.
This week 64 London firms, including leading practices such as Christian Fisher, Bindman & Partners, Fisher Meredith, Hodge Jones & Allen, and Burton Copeland have now agreed not to sign the contract in its present form.
Dozens more are expected to follow suit as local duty solicitor areas meet.Across the country, 21 duty solicitor areas have so far signed a declaration against signing the contract.
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