Solicitors unaware of means test

Fears are growing that there will be trouble ahead when legal aid tests come into play next month, because 'large swathes' of the profession are still unaware of their existence.

New eligibility limits and an overhauled means test covering both legal help and full representation were announced this summer, with the Lord Chancellor's Department estimating that an extra five million people will qualify for legal aid (see [2001] Gazette, 19 July, 3).

But Richard Miller, director of the Legal Aid Practitioners Group, predicted problems unless solicitors take heed quickly.

'Large swathes of the profession have no idea this is even happening,' he said.

'My message to them is: there is a new means test coming in on 3 December, go and find out about it.' However, Mr Miller added that he had doubts as to whether solicitors will now be properly prepared for the changes.

'I would not go as far as saying [the new test] should be delayed, but there is a question of whether it will be practical to bring it in on 3 December,' he warned.

Karen Mackay, director of the Legal Action Group, echoed Mr Miller's fears, and also highlighted rising uncertainty about how firms will cope with the extra numbers eligible under the new limits.

'There has been no consequential increase in the contract capacity of legal aid providers,' she explained.

'If services are not expanded to meet the potential additional demand, then the increases in eligibility will have little or no meaning.'Law Society President David McIntosh said: 'It is essential that contract holders are given extra capacity to help if the improvements in financial eligibility are to be effective.

It is also important to ensure that they are fully aware of the new eligibility rules.'The Legal Services Commission said it has written to all firms, explaining how the test will work and that regional offices have been providing training for solicitors since the beginning of this month.

A spokesman added that matter starts awarded in April 2001 schedules were increased by 10% to reflect the new eligibility changes, except for immigration and mental health, where the client base is more likely to be eligible already.Paula Rohan