During the last few weeks a number of letters to the Gazette have raised the issue of the potential difficulty of ensuring cover on duty solicitor rotas over the millennium period.
Administrators of duty solicitor committees have expressed concern as to whether they will be able to secure volunteers for the rota or panel cover for that period.
There can be few individuals who relish the prospect of working over any New Year period, but this reluctance is likely to be exacerbated as we reach this year's special celebration.Many tradespeople and professionals are seeking premium rates for payment to work this year, and in some cases organisations have decided not t o open for business because of the cost, or to allow staff to celebrate.
In contrast, the police cancelled all leave and are reported to be making contingency plans should cell over-crowding occur.Despite the welcome activities of the Solicitors Pro Bono Group and the increasing number of solicitors doing pro bono work -- even hard pressed legal aid lawyers -- it is not easy to envisage solicitors being available for no remuneration at all on that night.In the next five months, we are likely to hear a great deal more on the issue from those who represent the profession -- in particular about the inadequacy of duty solicitor rates and the fact these have remained unchanged for four years.
Some quarters have even demanded a strike.
Others have expressed concern that there will be a shortage of people willing to fill slots around the millennium period and that those who do should be compensated accordingly.
Administrators of duty solicitor schemes may have grave difficulties organising rotas for the millennium, and it has been suggested that serious consideration should be given to making extra payments available to those prepared to accept duty slots.The Legal Aid Board says the matter is out of its hands as payment is based on regulations and that it cannot pay more than is prescribed.
It tells us the Lord Chancellor's Department has already decided against the possibility of increasing rates over the millennium period.What does all this tell us about the attitude of government to the profession? For a number of years now, the government has declined to recognise the cost of practice as a reason to increase legal aid rates.
It says repeatedly that it will pay only what is necessary to ensure sufficient lawyers come forward to do the work.The view of public service for a reasonable rate does not seem to fit New Labour's approach.
While the government and the Legal Aid Board have publicly stressed that all legal aid work should be carried out only by quality-assured firms, it is clear that they are not willing to pay more for such quality.
Legal aid rates have just been frozen for the third year in succession and for the fifth time in the last seven years.So, when considering whether to volunteer for duty over the New Year period, firms face a simple choice: either work for the same money as usual or stay at home with family and friends.
How they decide will depend on their personal views on striking the balance between the vocational sense of duty as a member of a profession performing a vital public service on the one hand, and the economics of it all, on the other.
Either way they are likely to wake up on the 1 January 2000 with a headache.
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