The secret diary of a legal aid solicitor: the day-to-day story of a high street practitioner
Just after the introduction of the legal aid provisions of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012, an anonymous legal aid solicitor writes:
Getting back to the office on 2 April was a bit like a first day at school or a new class – exciting, a bit scary and not knowing really what to expect. Was it going to be awful? Was I going to have an extremely hard time? And would Oyez download the new forms on time? (Yes!!).
New forms, new regulations and, unlike the week before, we were having to say a firm ‘no’ to significant numbers of clients who were, to say the least, a little puzzled about a fairly short sharp rejection. The problem is that if you take half an hour to say no to a client, that’s 30 minutes of unbillable time; so we had to say ‘no’ in under five minutes, as politely as possible.
Scope regulations
The problem we found is that nobody really understands the new scope regulations. Of course some situations were straightforward: a neighbour dispute was never going to be within scope; equally, a straightforward divorce with no domestic violence overlay. But what of the disrepair issues? When was disrepair serious enough to warrant coming within scope? How much water had to be coming through the ceiling? Did a client with a section 21 notice get an appointment? Did someone with a mortgage possession action to look forward to have the luxury of representation?
I find it particularly gutting to have to say no to someone who is desperate. I did not become a legal aid lawyer to say no; I became a legal aid lawyer to say yes and explain how to resolve problems.
But I am now in a situation where I have far fewer matter starts (108 as compared with 300 annually) and I have to look at what a case will develop into. Am I really interested in ‘wasting’ a matter start on a 20-minute appointment or should I be looking at a piece of work that might become exceptional and at least make a few bob more? These are very difficult ethical choices.
Legal aid applications
Another component of the week was legal aid applications that had been made weeks before coming back rejected! Not a great place to be. The new regime also seems to be coinciding with a larger than normal number of rejections of really rather large bills. It all goes to make the day more frustrating and painful. The Legal Services Commission (LSC) always seemed to like to reject bills for payment but now it is rejecting for the most trivial of reasons. Clearly it is trying to save money – but at the expense of the profession.
No easy answers
So, back to the clients. ‘So, where do I go to for advice?’ asks a client who has been turned away. Not an easy answer. Citizens Advice Bureaux and Law Centres® have greater problems than us. Try your local councillor or MP I say. Or, if you’re really desperate, try ringing the LSC helpline.
This new column will document evidence of the effect of the LASPO Act and readers are invited to send in relevant information for publication. Please see the inside back cover of this issue for further details.