Striking criminal barristers will vote this week on whether to accept the government’s revised legal aid offer – as the Law Society edges one step closer to issuing an unprecedented warning over the future of criminal defence work.

Justice secretary Brandon Lewis is hoping he has done enough to end the criminal bar’s action, which began in April, by offering what he announced last week was a package of reforms representing a further £54m investment in the criminal bar and solicitors.

Members of the Criminal Bar Association will be balloted on the new offer tomorrow. The ballot will close on Sunday and the results will be announced the following day.

However, the Law Society is unhappy about the deal, warning that it would advise members not to undertake criminal defence work if the government does not offer the minimum 15% fee uplift recommended for solicitors by the Bellamy review. Chancery Lane repeated the warning following an urgent meeting with justice minister Gareth Johnson MP on the day the new deal was announced.

Of the £54m being offered, £19m is earmarked for solicitors and the Ministry of Justice says further uplifts for solicitors will be announced later this year. However, the Society says the further investment is mainly a one-off and not increasing rates in the long-term, so solicitors are still well below the 15% increase barristers are receiving.

Chancery Lane said it presented its arguments ‘strongly’ to the minister.

Society president I. Stephanie Boyce said it was positive that, as a former minister criminal defence practitioner, Johnson understood the problems in the criminal justice system. ‘However, rather than anything substantial, all that is currently being offered to solicitors by the government is more promises of jam tomorrow. We will continue to push for a fair deal for solicitors for the crucially important work they carry out.’

Boyce added: ‘Lord Bellamy KC made clear in his report and his evidence to the Justice Select Committee that the 15% increase for solicitors is not a starting bid but is the minimum necessary. We agree.

‘Unless the government announces promptly that the overall package for solicitors will be increased to an absolute minimum of 15%, they will have made clear that they are not interested in the evidence and are not serious about ensuring the economic viability of criminal practice. In that situation, we will advise members that there is no viable future for criminal legal aid.

‘We will insist on further urgent discussions next week.’

The London Criminal Courts Solicitors' Association has warned that criminal defence solicitors 'will not hesitate to take appropriate action' if they are not offered an improved pay deal.