So, the General Election frenzy is over – probably for another
5 years.
There will be many questions asked about why those who
opposed the government failed so miserably. No doubt we will see many changes
over the next few months. But there is one thing we can be certain about; there is
not going to be any miraculous return to the halcyon days of legal aid for all.
I mentioned in my last blog that Labour’s manifesto gave positive signs. But as
Jonathan Freedland wrote over the weekend –
“Labour’s “radical” manifesto of 2019 achieved precisely
nothing. Not one proposal will be implemented, not one pound in it will be
spent. It is worthless.”
I mentioned in my last post, that the Conservative manifesto
was silent on access to justice. When legal aid was mentioned in the campaign, the
‘party line’ was the familiar mantra that we had the most expensive legal aid
system in Europe! The days of arguing are now gone. We can look forward to at
least 5 years of ever reducing, publicly funded access to justice. We must accept
that the argument is finished or at least ‘on hold’ for the foreseeable future.
But the problem isn’t going anywhere. People will still need
advice on welfare benefits, housing, debt, family problems, immigration. They
can no longer expect any significant help from the state. We all have to look
at alternatives.
As recently as 2014 I wrote –
‘Why should ordinary people with a genuine case have to find
a lawyer who will do it for free? In what other profession would that sort of
expectation exist?’
I can now tell you why. Because no one else will, and the
need for help is going to grow beyond anything that we could have imagined.
The
legal profession and advice sector have no choice. We must work together to ensure
that those in need are not abandoned. In fairness, Pro Bono work has been
growing over the last 10 years. In 2014 it accounted for 3% of the turnover of
all firms. This has enabled thousands to get legal help. But, earlier in 2019
the Master of the Rolls said that there was only so much that could be done and
there was a risk that the sector would be overwhelmed –
But it has to be done.
Great work is being done by Universities and Colleges who
run legal advice clinics. This is a great opportunity for students to experience
the real world of legal advice. It has also become an important piece in the
legal advice jig saw. I have long argued that this can never replace a properly
funded legal aid system. But for the time being at least, we are not going to
get one. You can read more about Pro Bono work at - https://www.lawworks.org.uk/
In the meantime there will still be Law Centres and other
agencies which provide free legal advice. Many centres are already struggling. In
the absence of any public funding they are going to need help from us all. I am
involved in the North West Legal Support Trust – www.nwlst.org.uk which is part of the Access
to Justice Foundation – www.atjf.org.uk . The trusts raise funds and provide grants. In 2020 there will be a series of Legal Walks across the UK. Imagine
the difference it would make if lawyers and firms committed to walk or support
an event.
Our resolution for 2020 must be – what can I or my firm do?
Thanks for sharing.
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