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To my mind there has to be a total overhaul of the legal aid system. Legal aid for crime and family work should remain but be tightly controlled.
Legal for civil matters is however another matter. Here I think there is a strong argument for limiting it altogether thereby saving costs. In my experience acting for private clients against a legally aided party there is an automatic soul searching for that private client knowing that even if he/she were to win, whilst costs may be awarded they would probably not be paid becuase those costs could not be enforced without leave of the Court. In numerous occassion I would write to the LSC asking to reveiw the decision for legal aid bearing in mind the balance of probablitlities of winning the case.
Rarely had a response. If legal aid in civil matters were really given scrutiny as if the legal aid provider were dealing with a private client then it may be that not so many people would benefit from the certificate.
It was creating an unfair playing field within litigation. The private client's are not one the rich people but your normal hard working person not earning the substantial wages pre-supposed by many.
The trouble is no-one really wants to have a grown up discussion on legal aid as nearly everone has a vested interest and the public couldn't give a damn until they need the help of a solicitor.