Solicitors threaten to quit duty rotas

Furious criminal law practitioners in Yorkshire are threatening to withdraw 'en masse' from duty solicitor rotas if proposed changes to the way they are paid for police station work go ahead, it emerged this week.

The warning came as the Legal Services Commission's (LSC) consultation on the new funding arrangements ended, and coincided with other duty solicitors suggesting that they might down tools during the Queen's Golden Jubilee celebrations next month.

The changes would see a reduction in the rates for out-of-hours work and the introduction of a basic fee per case.

Reports from firms to practitioner groups suggest that the changes would cause them losses of up to 20%, although the new scheme was touted as cost neutral.

Some 46 Sheffield duty solicitors have written to the LSC saying they would be so out of pocket that if the scheme is imposed 'our intention is to withdraw en masse from the provision of out-of-hours police station advice and assistance'.

Responses from the Law Society, Legal Aid Practitioners Group (LAPG) and Criminal Law Solicitors Association (CLSA) claimed the LSC's figures are flawed, and would lead to further recruitment and retention problems.

The CLSA called for a full review of both structure and remuneration, but argued that, in the meantime, the system should remain largely as it is.

Chairman Rodney Warren said discussions with the LSC had been helpful, but that the result - combined with the Lord Chancellor's recent decision not to increase rates overall - had left lawyers demoralised.

'They are saying that if the Lord Chancellor puts such a low value on their work, why shouldn't they enjoy the jubilee like everybody else?' he added.

The Society agreed that major changes should be left until more money was pumped into the system.

It said the difference in the rates proposed for out-of-hours work and office work provided a minimum incentive, 'and one which many solicitors would rather forgo when weighed against the inconvenience involved in accepting a phone call in the middle of the night'.

The LAPG said the new structure could push the system to the verge of breakdown, allowing suspects to escape justice because they could not consult a lawyer in time.

An LSC spokeswoman said: 'Consultation ended on Friday and we will be carefully considering all the responses over the next few weeks.' It would be premature to comment on individual points at this stage.'

Paula Rohan