Category Archives: Advocacy

by | April 28, 2018 · 6:25 pm

LAA amends contracts for GDPR

The LAA has amended all current contracts in order to meet the requirements imposed by the General Data Protection Regulation (Regulation (EU) 2016/679) and the Law Enforcement Directive (Directive (EU) 2016/680), being implemented under Part 3 of the Data Protection bill. Amendments regarding the GDPR apply from 25 May 2018. Amendments relating to the Directive apply from 6 May 2018.

There are some detailed obligations. The LAA require you to notify them within 5 business days if you receive the following in relation to LAA or shared data:

  • A data subject request
  • A request to rectify, block or erase personal data
  • A complaint or other communication about your (or the LAA’s) handling of data
  • A communication from the Information Commissioner

You must also indemnify the LAA if it is fined because you fail to comply with the legislation.

You can find more information here.

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by | April 6, 2017 · 8:28 am

New Handbook published

The new edition of the Handbook has now been published and pre-order copies are being dispatched. You can order your copy from LAG here.

This book is an invaluable companion and essential reading for all legal aid practitioners, from caseworkers to senior partners. The authors have expertly pulled together information that is not currently available in one place providing the only single volume guide to the criminal and civil legal aid scheme.

‘… admirably clear on some very tricky points. There should be at least one copy in every office where legal aid work is carried out.’ Carol Storer, director, LAPG.

‘I wish I could say “this book is never off my desk” but the truth is my copy of LAG Legal Aid Handbook always appears to be on someone else’s … Essential reading for all practitioners seeking to provide a first class service to clients in a post-LASPO world.’  Phil Walsh Partner/Practice Manager, Miles & Partners LLP.

The  LAG legal aid handbook 2017/18 gives practical, step by step guidance on conducting cases, getting paid, advocacy, financial and contract management, performance monitoring and quality standards and an overview of recent policy developments. There are separate chapters on all the major areas of law covered by legal aid and sections devoted to litigators and advisers, advocates and managers.

This edition has been updated to include:

•  full coverage of the new 2017 crime contract

•  latest changes and updates to the civil scheme

•  discussion of current case law and hot topics in legal aid practice

•  hints, tips and practical advice from how to manage a contract to navigating CCMS

•  specialist chapters on billing, crime, public family law, private family law, housing, mental health, immigration and exceptional funding

•  a dedicated section for advocates

•  guidance on managing legal aid work and tendering for contracts

•  a full round up of the latest policy developments

The only comprehensive guide to the whole legal aid scheme, the new edition features chapters written by expert contributors Anthony Edwards, Richard Charlton, Steve Hynes, Solange Valdez-Symonds and Katie Brown. The LAG legal aid handbook 2017/18 is packed full of case studies, checklists and practical tips. It provides clear and easy to follow guidance on the ever more complex legal aid system and is essential reading for everyone involved in legal aid from new caseworkers to experienced lawyers and managers.

 

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by | March 18, 2017 · 5:17 pm

The new Handbook – coming very soon!

The brand new edition of the LAG Legal Aid Handbook will be published at the beginning of April. Fully revised and updated, this edition features

  • full coverage of the new 2017 crime contract
  • latest changes and updates to the civil scheme
  • discussion of current case law and hot topics in legal aid practice
  • hints, tips and practical advice from how to manage a contract to navigating CCMS
  • specialist chapters on billing, crime, public family law, private family law, housing, mental health, immigration and exceptional funding
  • a dedicated section for advocates
  • guidance on managing legal aid work and tendering for contracts
  • a full round up of the latest policy developments

The Handbook is edited by Vicky Ling and Simon Pugh, and features contributions from a range of subject experts including Anthony Edwards, Steve Hynes, Richard Charlton, Solange Valdez-Symonds and Katie Brown.

You can pre-order your copy now by e-mailing: direct.orders@marston.co.uk or phoning: 01235 465577, or by clicking here.

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by | February 20, 2017 · 8:32 pm

LALYs 2017 launched

LAPG has opened nominations for the 2017 Legal Aid Lawyer of the Year awards. Nominations this year are done via the LAPG website here, and close on 28 April. This year’s categories are:

  • Children’s Rights sponsored by CILEx
  • Criminal Defence sponsored by DG Legal
  • Family Private (including Mediation) sponsored by Resolution
  • Family Public sponsored by Resolution
  • Immigration and Asylum sponsored by Accesspoint
  • Public Law sponsored by Irwin Mitchell
  • Social and Welfare sponsored by Tikit
  • Legal Aid Newcomer sponsored by Friends of LALY17
  • Legal Aid Barrister sponsored by The Bar Council
  • Legal Aid Firm/Not-for-profit Agency sponsored by The Law Society
  • Access to Justice through IT sponsored by The Legal Education Foundation
  • Outstanding Achievement sponsored by Matrix Chambers

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by | February 15, 2017 · 8:00 am

LAPG launches survey on CCMS

LAPG has launched a survey to gather feedback on CCMS. It is aimed at all practitioners, not just LAPG members, and will provide valuable information on user perspectives to assist in lobbying the LAA for change. LAPG says:

We want to capture what is happening with CCMS. We receive more email correspondence on CCMS than on all other subjects put together. We have prepared a survey to find out what the current position is with CCMS.  The survey is here: https://www.surveymonkey.co.uk/r/NDHNT6W

We hear from the LAA that some practices find it fine but that does not reflect the feedback that we receive. However if you think it is ok then it would be really helpful if you could complete the survey.

Here’s what you need to know:-

  • It will remain open until Friday 3 March.
  • Please do put CCMS references in – we know people tend to prefer anonymity but we hope that there will be sufficient numbers completing the survey to give people comfort.
  • We have piloted it with many people and we are very grateful to them for all their help. The more people completed it, the more problems were raised and we were asked to incorporate more and more into the survey. So it may take half an hour to fill it in comprehensively.
  • You can skip sections but essentially the structure is
    • Applications
    • Amendments
    • Billing/POAs
    • Incorrect actions and
    • General issues such as stability.
  • Generally questions ask about CCMS since 1 January 2017. Why? Because if we collect older data and changes have been made, then that is of limited value.

What is the point of the survey? We have told the LAA that we are carrying it out and indeed sent them a draft of the survey. Our aim is to collect up to date information in a form that we can present to the LAA and MoJ. If our members who complain about CCMS are representative of the majority then there are a lot of issues that need sorting. The danger is that the view represented in the LAA Annual Report 2015-2016 goes unchallenged.

The Report said:- ‘The system was rolled out to all civil legal aid providers on a voluntary basis from September 2014, and was mandated in phases during 2015- 16. From 1 April 2016, it became mandatory to submit all civil applications online through the CCMS. Submitting both applications and bills using the CCMS, saves providers time and the cost of sending paper forms through the post.’

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by | February 15, 2017 · 7:57 am

MoJ consults on changes to crime fees

Alongside the consultation on AGFS, the MoJ has launched another – this time on LGFS and on fees for court-appointed advocates to cross-examine on behalf of unrepresented defendants.

The LGFS consultation proposes reducing the PPE limit from 10,000 to 6,000 pages, with anything over that being paid as special preparation rather than PPE. The justification is to reverse increases on overall spend since costs decisions widening the definition of PPE in cases involving electronic evidence. It is said to represent a temporary measure pending wider reform of LGFS.

Although no firm announcement has been made and a connection is not explicitly drawn, the paper strongly suggests that the second 8.75% fee cut for litigators, postponed for one year by Michael Gove, will not be introduced only if this change is made instead.

The paper also contains a separate proposal to reduce the fees paid to court appointed advocates in cases where unrepresented defendants are prevented from cross-examining complainants in person. Currently “reasonable fees” are allowed; it is proposed to reduce that to legal aid rates.

The consultation paper can be found here, and closes on 24 March 2017. Practitioners will need to give it careful thought and respond accordingly. It is explicitly designed to reduce the costs payable in more complex Crown Court cases – the impact of that will vary from firm to firm and may be more or less than the across the board 8.75% cut in individual cases.

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by | January 6, 2017 · 8:17 am

MoJ consults on changes to AGFS

The MoJ has launched a consultation on changes to advocacy fees for Crown Court work. The changes are designed to be cost neutral across the budget as a whole, but both shift payments around between case types  and break down the single case fees into fees based on stages of the case. The paper proposes a return to individual fees for individual hearings. It also, in most cases, moves away from using pages of prosecution evidence (PPE) as a proxy for case complexity, relying more on the nature and classification of the offence; there are more classes proposed than currently.

The proposals have been welcomed by the Bar Council, but criticised by the Law Society as effectively removing money from junior practitioners to increase pay for more senior ones.

Criminal practitioners will want to consider the proposals carefully, especially the potential impacts on their own practice. The consultation closes on 2 March.

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by | March 8, 2016 · 9:37 am

2016 LALYs launched

The 2016 Legal Aid Lawyer of the Year awards were launched last week. The awards will be held on 7 July and nominations close on 25 April. You can download an application form from the LAPG website here. Categories this year are:

  • Children’s rights
  • Criminal defence
  • Family legal aid
  • Family mediation
  • Mental health
  • Public law
  • Legal aid newcomer
  • Social and welfare
  • Legal aid barrister
  • Legal aid firm / NfP agency
  • Access to justice through IT
  • Outstanding achievement

Nominations are invited in all except the last category, which will be awarded by the judges alone. Sadly the housing category lasted only two years before being dropped, and immigration / asylum is also missing again this year – both are included in the catch-all “social and welfare” category. Given that they are the two of the largest categories of non-family civil legal aid left (family gets two awards, three if you include children’s rights), it’s surprising to see both overlooked.

An interesting innovation this year is the crowdfunding of the newcomer award. Donations of £10 or more are invited, and all who donate will have their names included in the event programme – you can donate here.

The hard work and dedication of legal aid practitioners is recognised all too rarely. Long may the LALYs continue to celebrate both.

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by | December 18, 2015 · 6:22 pm

News miscellany

A round up of some recent news:

Mandatory CCMS roll out

The LAA has announced that CCMS won’t be made mandatory until 1 April 2016 – but the original date of 1 February stays in place for Special Children Act cases.

Legal aid statisitics

The latest legal aid statistics were published this week and made for the usual depressing reading. Crime expenditure and workload continues to fall, as does Legal Help. Two bright spots were that grants of civil certificates were up 9%, and the grant rate for exceptional funding has risen to almost half of applications – though the numbers of applications hasn’t increased on the same period last year.

Waiting for legal aid not a good reason for delay

Last week the Court of Appeal gave judgment in Kigen & Anor, R (on the application of) v Secretary of State for the Home Department [2015] EWCA Civ 1286, a case in which the appellants appealed against refusal to grant an extension for lodging a judicial review application. The Court made clear that delays caused by waiting for decisions of the Legal Aid Agency will no longer be an acceptable reason for delay or for the grant of an extension of time.

Moore-Bick LJ said that “It may be that, in the light of the older authorities to which I have referred, solicitors in general may have been under the impression that any delay awaiting a decision by the Legal Aid Agency would simply be ignored if an extension of time were required as a result. That is not the case and it is to be hoped that any such misunderstanding will have been dispelled as a result of the decision in this case. Those acting for parties in the position of these appellants will in future need to take steps either to lodge the necessary form promptly on behalf of their clients or to advise them of the need to do so on their own behalf. Failure to lodge the necessary request within the prescribed time may in future result in an extension of time being refused.” (para 29).

Leave was granted in this case, exceptionally, because of that general impression. But the court made clear that, in future, delays in getting legal aid granted will not be a good reason for delay. There’s more analysis of this case at the Civil Litigation Brief blog.

Costs Protection in the Upper Tribunal

Free Movement has a post that’s worth reading on costs protection for legally aided clients in immigration judicial review proceedings before the Upper Tribunal.

House of Lords debates legal aid cuts again

The House of Lords debated the cuts to legal aid again last week. Once again various members set out the problems the cuts have caused, and once again the government promised a review of LASPO’s implementation but made no promise of changes. The transcript of the debate is here.

Not for profit legal aid providers

The MoJ released a survey of NfP providers this week. The survey found that the NfP sector had halved in size since the last major study ten years ago; unsurprising, perhaps, since 90% of NfP providers stopped doing legal aid work as a result of the LASPO cuts.

Earnings from crime 

The MoJ has also published a study of earnings from the Crime AGFS. It shows that average earnings have declined in recent years, from £97,000 to £90,000 for “notionally full-time” advocates. Advocacy has been protected from the recent fee cuts affecting police station and litigation work.

 

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by | October 2, 2015 · 8:52 am

MoJ consults on crime advocacy

The MoJ has issued a consultation paper on advocacy in criminal cases in the Crown Court and above. It is aimed at the preservation and enhancement of quality of advocacy, though most of its practical measures appear to have been lobbied for by the Bar with the aim of protecting it from competition from solicitor advocates. The evidence base for the proposals in the paper is thin and anecdotal.

Key proposals are:

  • The introduction of a panel of defence advocates. All advocates instructed in publicly funded Crown Court cases must be on the panel, which would sit alongside rather than replace QASA.
  • There would be a statutory ban on referral fees to strengthen the current contractual and regulatory bans. This would include “disguised” referral fees, where payments described as administration and management fees are in fact payments in return for the provision of instructions.
  • Stronger measures to protect client choice and safeguard against conflicts of interest – which means in practice restricting the use of advocates employed by the litigator firm. Proposals range from a mandatory declaration of advice given to a client on choice of advocate to an outright ban on using advocates employed in the same firm.

It is interesting timing that this paper was published before the results of the crime duty tender, expected this week. If the proposals are enacted, they will – depending on which proposals and how – have an impact on bidders ranging from an additional administrative burden to a ban on an entire business model. Given that many firms will have factored a degree of in-house advocacy into their business modelling and decision making on the sustainability of the contracts, it is unfortunate that such potentially significant changes are proposed after bids were submitted and that firms will have to confirm acceptance or rejection of contract offers without knowing if the basis of their business model will fundamentally change. It is also ironic that a measure aimed at protecting client choice does so by restricting client choice.

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