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Lawyers' levy? Michael Gove threatens to make rich law firms pay for legal aid Lawyers' levy? Michael Gove threatens to make rich law firms pay for legal aid
(about 5 hours later)
Wealthy and successful law firms need to do more to make sure access to justice is available to everyone, Michael Gove has announced. Michael Gove has provoked a row with some of London’s leading lawyers, after the justice secretary demanded that they contribute “much more” to ensure justice is available to all.
Signalling a radical approach, the justice secretary pledged that those who make the most money out of the courts would be required to hand back additional benefits and expertise to help improve what he described as a two-nation justice system where the wealthy access a “gold standard” service others cannot afford. Gove said those who made the most out of the legal system would be required to provide more free expertise but his proposal to improve a “two-nation” justice system prompted complaints about the impact of legal aid cuts imposed by his predecessor, Chris Grayling.
Gove did not spell out how such contributions would be extracted – whether in terms of payment or pro bono work – but indicated legislation could be involved. In his first major speech since taking up the post, Gove said that “those who have benefited financially from our legal culture need to invest in its roots” and argued that “more could – and should – be done by the most successful in the legal profession to help protect access to justice for all”.
In a speech at the Legatum Institute in Mayfair, central London, he said: “Those who have benefited financially from our legal culture need to invest in its roots. That is why I believe that more could – and should – be done by the most successful in the legal profession to help protect access to justice for all. The minister did not spell out how such contributions would be extracted – whether in terms of cash payment or pro bono work – but indicated legislation could be involved. “Many of our leading law firms have committed to give 25 hours pro bono on average per fee earner each year. That is welcome, but much more needs to be done,” he said.
“I know that many of the most prestigious chambers at the Bar and many of the top solicitors’ firms already contribute to pro bono work and invest in improving access to the profession. Many of our leading law firms have committed to give 25 hours pro bono on average per fee earner each year. That is welcome, but much more needs to be done. Several leading lawyers and large firms reacted with surprise, pointing out that the legal-aid budget was cut under the coalition. They also said their expertise was not in criminal law or family courts where the lack of adequate legal representation was most acute. Many stressed they already donated a considerable amount of time to pro bono work.
Related: Gove tells top lawyers to provide more free legal advice to the poor - Politics live Nick Armstrong, a barrister at Matrix Chambers, one of the most successful sets in London, said he was due to do 25 hours of pro bono work just this week. “The reality is that legal aid practitioners are finding it extremely difficult to do it,” he said. “They are reviewing and cutting their pro bono work because their profit margins have now gone.”
“When it comes to investing in access to justice then it is clear to me that it is fairer to ask our most successful legal professionals to contribute a little more rather than taking more in tax from someone on the minimum wage … I cannot accept that the status quo is defensible.” Mark Mansell, a partner at Allen & Overy who heads the firm’s pro bono initiatives, said: “We have witnessed first hand the impact of a reduction in legal aid support through one strand of our programme in particular, which is focused on London’s free legal advice centres.”
Gove added: “Despite our deserved global reputation for legal services, not every element of our justice system is world-beating. While those with money can secure the finest legal provision in the world, the reality in our courts for many of our citizens is that the justice system is failing them. Badly.” Linklaters, whose revenues in 2013-14 were £1.25bn, said its lawyers dedicated more than 25,500 hours to pro bono matters globally, 40% of which were spent on access-to-justice initiatives. Allen & Overy and Linklaters are members of the UK Collaborative Plan for Pro Bono which aims to dedicate 25 hours per lawyer to voluntary legal work.
Gove said he did not want to legislate but acknowledged it would be a possibility if necessary. There have been recent moves in some US states to impose a compulsory number of pro bono hours on lawyers. However, Alan Mak, the newly elected Conservative MP for Havant, who used to work at the City law firm Clifford Chance and did pro bono work, said: “It’s a very good idea. Successful law firms and chambers have a duty to contribute.”
Some proposals – for what may be termed a lawyers’ levy – have been drafted but he said he wanted to discuss them initially with the legal profession. If there was resistance, he added, then “we can make the case publicly”. Under Grayling, the coalition government cut £600m from the legal aid budget, prompting a series of protests from barristers and solicitors. But Gove signalled a less hostile approach, saying “I have no plans to make further cuts to legal aid”.
Referring to past political briefings which had blamed lawyers for excessive legal aid earnings, Gove said it was time for an alternative approach. “There has been a [tendency] to characterise them as motivated by self-interest. I don’t believe that’s the case.”
He said his understanding of the justice process had been enhanced by friends who ha ddevoted their professional lives to the bar.
Gove argued it would be fairer to ask the most successful legal professionals to contribute a little more, rather than taking more in tax from someone on the minimum wage. “I cannot accept that the status quo is defensible,” he said.
While the rich were able to secure the finest legal provision in the world, Gove said “the reality in our courts for many of our citizens is that the justice system is failing them. Badly.”
Responding to the speech, Lord Falconer, Labour’s shadow justice secretary, said: “People will be bemused by the sight of the justice secretary complaining of a two-nation justice system. Since the Tories took office, access to justice has been all but dismantled for the poorest in our society.”Responding to the speech, Lord Falconer, Labour’s shadow justice secretary, said: “People will be bemused by the sight of the justice secretary complaining of a two-nation justice system. Since the Tories took office, access to justice has been all but dismantled for the poorest in our society.”
Jonathan Black, chair of the London Criminal Courts Solicitors’ Association, said Gove’s words would be “meaningless without proper safeguards in place to ensure access to justice”, referring to the swingeing cuts to legal aid.
Bill Waddington, chair of the Criminal Law Solicitors’ Association, said: “It is ironic that at the very same time as he attacks the two-nation system, the new lord chancellor is proceeding with his cuts to the legal aid system and his forced consolidation plan [of solicitors’ contracts].”
On Conservative plans to scrap the Human Rights Act, Gove also adopted a more emollient line, declaring: “The prime minister’s view and the whole government’s view is that we don’t want to leave the jurisdiction of the European court of human rights or the [European] convention [on human rights], but all options are open.”
Related: Legal aid fees to be cut by 8.75%, confirms Ministry of JusticeRelated: Legal aid fees to be cut by 8.75%, confirms Ministry of Justice
On legal aid, he also took a less hostile approach, saying: “I have no plans to make further cuts to legal aid. It’s not my intention to cut legal aid any further.”
In sideswipe at past briefings which blamed lawyers for excessive legal aid earnings, Gove added: “There has been a [tendency] to characterise them as motivated by self-interest. I don’t believe that’s the case.” His understanding of how the justice process works, he said, had been enhanced by friends who have devoted their professional lives to the Bar. Jo Edwards, chair of the family law organisation Resolution, said: “We welcome any move that improves the experience of people going through a breakup when they come into contact with the courts.
A fresh round of court closures would make further savings, Gove also said. New technology w ould help sweep away Dickensian delays to justice. “Were Mr Tulkinghorn to step from the pages of Bleak House or Mr Jaggers to be transported from the chapters of Great Expectations into a crown court today, they would find little had changed since Dickens satirised the tortuously slow progress of justice in Victorian times,” Gove said.
Jo Edwards, chair of the family law organisation Resolution, commented: “We welcome any move that improves the experience of people going through a breakup when they come into contact with the courts.
“Cuts to legal aid have left many people with little or no access to justice, and many domestic abuse victims and other vulnerable people struggle to get the legal help they need to face the courts.”“Cuts to legal aid have left many people with little or no access to justice, and many domestic abuse victims and other vulnerable people struggle to get the legal help they need to face the courts.”