*/
The new Criminal Bar Association (“CBA”) Chair, Christopher Kinch QC has vowed to stand up for publicly funded clients during his tenure.
The Coalition Government is planning to cut £2 billion from the Ministry of Justice budget.
Kinch, of 23 Essex Street, who succeeds Paul Mendelle QC, said: “The reform of criminal legal aid is going to dominate my term as chairman of the CBA.
“It is one thing when the government wants to cut your fees. My predecessors got used to dealing with that and fought valiantly against cuts. What seems to be coming now is reform of the whole way in which criminal legal aid is supplied.
“My first priority is to remind government of the vital role the criminal barristers with their focus on advocacy have in the criminal justice system. Any change that undermined that special role would be bad news for the public.
“The challenge is to help the criminal barrister identify what the proposals are likely to mean, when the government announces them. Then we have to look for ways to push the system in a direction that affords a viable future for the criminal Bar and one that retains the unique features of our profession. I will need a lot of help and support.”
Kinch said he has asked the Legal Services Commission (“LSC”) to look again at concerns a minority of solicitors may be exploiting the advocates graduated fee scheme, under which the LSC pays a single fee to the “instructed advocate” who is then expected to take control of the case. Some law firms are sending a solicitor-advocate to the initial hearing and then sub-contracting the case on to a barrister on the basis that they do it for 70 per cent of the fee.
“We have sporadic but growing evidence of this, and the Bar Council has an open letter from one firm in the Midlands to sets of chambers that this is going to be the situation and they can take it or leave it,” he said.
“It’s in breach of everything the regulations say about the importance of the instructing advocate having control of the trial and making decisions.
“It is very much a minority of solicitors, and the majority are conscientious. The LSC has previously taken the view that this is simply fee-sharing between consenting adults, but we are asking them to look at this again.”
The Coalition Government is planning to cut £2 billion from the Ministry of Justice budget.
Kinch, of 23 Essex Street, who succeeds Paul Mendelle QC, said: “The reform of criminal legal aid is going to dominate my term as chairman of the CBA.
“It is one thing when the government wants to cut your fees. My predecessors got used to dealing with that and fought valiantly against cuts. What seems to be coming now is reform of the whole way in which criminal legal aid is supplied.
“My first priority is to remind government of the vital role the criminal barristers with their focus on advocacy have in the criminal justice system. Any change that undermined that special role would be bad news for the public.
“The challenge is to help the criminal barrister identify what the proposals are likely to mean, when the government announces them. Then we have to look for ways to push the system in a direction that affords a viable future for the criminal Bar and one that retains the unique features of our profession. I will need a lot of help and support.”
Kinch said he has asked the Legal Services Commission (“LSC”) to look again at concerns a minority of solicitors may be exploiting the advocates graduated fee scheme, under which the LSC pays a single fee to the “instructed advocate” who is then expected to take control of the case. Some law firms are sending a solicitor-advocate to the initial hearing and then sub-contracting the case on to a barrister on the basis that they do it for 70 per cent of the fee.
“We have sporadic but growing evidence of this, and the Bar Council has an open letter from one firm in the Midlands to sets of chambers that this is going to be the situation and they can take it or leave it,” he said.
“It’s in breach of everything the regulations say about the importance of the instructing advocate having control of the trial and making decisions.
“It is very much a minority of solicitors, and the majority are conscientious. The LSC has previously taken the view that this is simply fee-sharing between consenting adults, but we are asking them to look at this again.”
The new Criminal Bar Association (“CBA”) Chair, Christopher Kinch QC has vowed to stand up for publicly funded clients during his tenure.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
Creating advocacy opportunities for juniors is now the expectation but not always easy to put into effect. Tom Mitcheson KC distils developing best practice from the Patents Court initiative already bearing fruit
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
The long-running fee-paid judicial pensions saga continues. The current cut-off date for giving notice of election to join FPJPS is 31 March 2024, and that date now gives rise to a serious problem, warns HH John Platt
