Smoking Monkey Gets Political
Dear All
I wouldn’t usually use this site for anything other than random thoughts, slagging off crap TV, or generally taking the mick out of TechnoScouse. However, this is something that I feel really strongly about and not just because it’s potentially my job on the line.
As you may or may not have picked up, I am a criminal defence solicitor. Not the most popular profession in the world, but a pretty damn important one. The profession offers an assurance that everyone, no matter who they are or what they have allegedly done, has someone to speak on their behalf if they are accused of a criminal offence.
I have represented a lot of innocent people, and a lot of guilty ones too. I have represented the nicest people who’ve made a simple mistake or been in the wrong place at the wrong time, and I’ve represented some absolute scumbags who have made me feel sick. The fact is, it’s not my job to judge someone. I play a part in a system that needs to pride itself on its fairness and objectivity, and should ensure that the most vulnerable and disadvantaged in society have the protection of someone who actually gives a crap about them.
The Government, through the Legal Services Commission, is about to try a massive change in the Legal Aid system. It is being trialed in Manchester and Avon, and is working on a “Best Value Tendering” model. Now this model is quite unusual, in that it will actually limit the number of suppliers (i.e. law firms) that can operate in a set geographical area. It also means that unless you have a contract for a set area, you cannot do work in that area.
This means that in the Greater Manchester area, if you have an office in Stockport, you can’t work in Manchester City Centre. The only problem is that clients who build up a relationship with individual solicitors tend not to stay within one district.
Take this example. I have built up a good reputation for myself as a reliable, honest (no laughing at the back), advocate who will give a client straight advice and not piss about with optimistic ideas that they are the victims. If someone hears about my reputation, but gets arrested by the police half a mile away from where I work, he would not be able to instruct me. Does that seem fair? To me, it makes a complete joke of the fact I have worked so hard for a decent reputation, when I’m limited to my own doorstep.
I deal with youths and other vulnerable people, who genuinely cannot trust someone they do not know. If they can’t have confidence in the only person speaking on their behalf, can it be seen to be a fair and open justice system?
The other drawback of competitve tendering is that zero bids will be allowed. This means that you could get arrested for the first time, for something that has nothing to do with you, and the only person allowed to come and represent you is getting paid diddly squat. Now do you think they are going to take the time to consider the evidence, your instructions, and give you proper structured advice? Probably not- they are going to just give you 5 minutes on the phone, tell you the most basic of crap, and wish you good luck.
Despite the reputation in the media that any solicitor is raking in the cash and has the “fat-cat” label, life as a criminal defence practitioner working on Legal Aid is a whole new reality. If I’d wanted to become rich, I’d have become a plumber. The truth is, I want to help people. However, if BVT comes in I may not be able to.
I’m happy to get into a full debate if anyone thinks I’m just whining for the sake of it. But I want you to think about what would happen if you were arrested for a complicated crime that you knew nothing about. Would you want to try and explain yourself to the police without anyone to at least help you understand the position you were in and to stand up for your best interests? It happens so much, and I deal with people on a daily basis who thought that only the guilty ones needed a solicitor.
Please, if you are in the UK, follow this Link and fill in the petition. This will start in Manchester as a “pilot scheme”, then the next thing you know it’s crippled the availability of free, independant, and competant legal advice for those who can’t afford to pay private rates.
Thank you.
Normal service will be resumed soon… with pan pipes
[...] a humble employee. In these times of hardship, and impending doom (see earlier cries for help about Best Value Tendering) it would do the firm, and by extension me, the world of good to get such primo positioning on a [...]