Adam Makepeace of Duncan Lewis & Co makes some pertinent points with regard to the large-scale provision of civil legal aid work (see [2009] Gazette, 10 December, 12). However, his conclusion that the choice of a model other than that used by his firm for the provision of civil legal aid and particularly social welfare law would mean ‘the death of legal aid’ should not necessarily be accepted.
Our experience is that growth can be achieved without resorting to a model where clients have their cases dealt with by what is referred to as a ‘fast-running stream of new, mostly paralegal recruits’. We have grown from a one-office practice in 1994 to a firm that acts regionally from six offices throughout West Yorkshire and employs about 100 legal professionals – of whom over 70 are solicitors.
The vast majority of people training with us remain post-qualification. Using Mr Makepeace’s model, it is difficult to see what will happen to the 68 trainees currently at Duncan Lewis when they qualify. If they were to be employed on qualifying as solicitors, then, using his own ratio of one qualified solicitor supervising three non-qualified legal staff, maintaining the status quo would mean Duncan Lewis would have to employ a further 272 trainees/paralegals. There would be 68 to replace the 68 trainees who have qualified, and a further 204 to work under the 68 new solicitors. In future years, the maths clearly become mind-boggling.
While the model described may work for Mr Makepeace's firm, it would be wrong to assume that other models which prioritise the direct provision of legal services primarily by qualified and experienced solicitors cannot work in this particular market. It is also far too simplistic to equate the fee-earning capacity, and the quality and experience, of a solicitor (with an average PQE of five years in our firm), to that of a trainee/paralegal, who by definition in many cases will clearly be less experienced and qualified.
We are an example of a firm specialising in the provision of quality legal aid services which has been able to grow without limiting the direct contact that clients have with experienced and qualified lawyers.
Rob Casey, Partner, Switalskis, Wakefield
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