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The problem is that refusing such work puts the Legal Aid contract in jeopardy and the firm potentially, if not actually, in breach of particular terms thereof. A well-known phrase including the words "rock" and "hard place" springs to mind.

It is all very well Chancery Lane issuing such guidance and then standing back while individual firms struggle with this position, but with the greatest of respect that is simply not good enough.

Representation for little or nothing on a continuing basis inevitably leads to an insolvent practice and is, and indeed has been now for a long time, simply not sustainable.

As to solutions, many have been suggested but, reduced to its basics, quite simply it is high time that the Law Society and the Bar stood shoulder to shoulder and simply refused to continue to operate in this environment. That such a suggestion should even have be contemplated is scandalous in itself.

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