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The more we (ie all legal professionals) engage with MoJ over fees, the more the MoJ likes it. No-one cares about our fees. No one links acces to justice to the fees we are paid. It is a comfortable position for the MoJ which is why, over many years, we have failed to stand up to the MoJ/LAA.
First we should agree an access to justice agenda. We should explode the myths used against us before they are used against us. We should point out to everyone and anyone that the Government is limiting access to justice and that it is access to justice which matters.
I seem to recall the last time that when the Bar secured a good deal on fees they gave up the fight.
In relation to two tier duty contracts the error was to bid for a contract in the first place. If no one had bid then it couldn't have proceeded.
This time, we need to have a clear agenda directed towards restoring and enhancing access to justice and which challenges the assumptions and prejudices which form the basis of current MoJ/LAA policies.