MPs accuse legal aid solicitors

The Legal Services Commission (LSC) is being 'systematically ripped off' by civil legal aid solicitors while simultaneously failing to address gaps in provision or ensuring adequate quality standards, the influential House of Commons Public Accounts Committee (PAC) has suggested - but solicitors have accused it of missing the point entirely.

In a grilling last week, PAC members told LSC chief executive Steve Orchard that the contracting regime was 'feather-bedding' firms that over-charge, and called for stronger penalties, including striking off solicitors or naming and shaming firms.

It also suggested that the LSC had allowed a 'patchy' two-tier system to develop because of a lack of provision by law firms in certain areas.

Lord Chancellor's Department permanent secretary Sir Hayden Phillips also came under fire for not intervening in the situation.

The PAC hearing took place following last month's National Audit Office (NAO) report on the Community Legal Service, which found that 35% of firms were over-claiming by more than 20% (see [2002] Gazette, 28 November, 1).

The PAC said this reflected a 'culture of overcharging' by lawyers.

An LSC spokesman said: 'We are currently putting together information requested by the PAC.

We will clarify the position and stress that we face real but limited problems in relation to overclaiming by a minority of contractors.'

Jon Trickett, Labour MP for Hemsworth, said: 'Solicitors are taking more money for less cases - they are ripping us off in significant numbers.

There is no quality control; they are being feather-bedded by the system.'

Mr Orchard said the NAO figures were based on 'raw data' that did not take into account appeals, but promised to terminate around 200 contracts next year.

He insisted that contracting had improved both value for money and quality.

A Law Society spokesman said it was concerned about 'the minority of lawyers who, by their action, bring the important work of legal aid lawyers into disrepute'.

He noted the difference between improper overcharging and the proper process of assessing bills.

'Where there is proven overcharging the Law Society will take firm action,' he said.

The Legal Aid Practitioners Group (LAPG) said it was shocked by the PAC's 'hostility' towards solicitors and pledged to write to all its members.

'They appear to have completely missed the point that if legal aid really were money for old rope, as they seem to think, there would not be a substantial exodus from the system, about which they questioned Steve Orchard with some concern,' chairman David Emmerson said.

Paula Rohan