I recently came across an example of how the government has succeeded in turning public funding into a second-rate service.
Along, I am sure with everyone else working within what used to be called the legal aid system, I have always tried to ensure that publicly funded clients receive the same level of service as privately paying ones.
The case in point involved an ancillary relief claim.
The family finances are quite complicated.
There is a farm involved.
My client, not unreasonably, wished to meet and have a conference with counsel in advance of the financial dispute resolution (FDR) hearing.
Counsel refused because of the derisory fee.
The client even suggested trying to borrow from relatives to pay privately, but counsel is not allowed to accept such payment from a publicly funded client.
The suggestion of a longer conference at court immediately prior to the FDR was also rejected on the basis that counsel will receive only about 120 for four or five hours' preparation, travel to Milton Keynes, conference with the client, negotiation with the other party, and conduct of the hearing.
In other words, at least a day's work.
I can entirely see counsel's point.
She has to make a living.
However, a privately paying client would have received the benefit and reassurance of a proper conference before the date of her hearing.
The result is that the client feels like a second-class citizen and, of course, thanks to the present state of the public funding system, she is right.
SC Clews, Franklins Solicitors, Leighton Buzzard
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