I agree with Gerald Shamash that the only language the Legal Services Commission understands on the question of legal aid recoupments is litigation (see [2006] Gazette, 23 March, 5).
We made the mistake of thinking that the commission would be reasonable and negotiate these matters in accordance with normal commercial principles. We have been sadly mistaken.
In August last year, it recouped from us more than £18,000 for extremely old certificates relating to an office for which we at the time had no responsibility. It gave us no notice of its intention to do this and in our view has acted completely outside its own rules.
We submitted an immediate formal complaint, which has not been independently investigated. After considerable pressing, we had a meeting with a commission official just before Christmas and some concessions were made in other areas. However, the fundamental point of abuse of power was not conceded.
The commission's attitude to us is particularly surprising as we have been committed to the legal aid scheme in Manchester for more than 20 years and have all necessary category 2 approvals.
It is deeply ironic that the commission is currently promoting the advantages of its preferred supplier scheme (see comment). From our experience, firms planning to enter this scheme would be most unwise to expect the commission to deal with them promptly, fairly, honestly and in accordance with normal commercial principles.
David Johnston, Clifford Johnston & Co, Manchester
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