*/
Criminal barristers have strongly opposed a proposal from the solicitors’ regulator to lift the ban on referral fees paid for criminal legal aid cases.
Responding to the Solicitor’s Regulation Authority’s regulatory reform consultation, the Criminal Bar Association (CBA) said the payment of referral fees is “unethical” and “against the interests of vulnerable clients, the rule of law, the administration of justice and the public interest”.
It said the fees exist “solely for the benefit of solicitors” and should be “outlawed”.
According to the CBA: “Such payments have no place in publicly funded work and are an improper use of public funds: they do not represent value for money, and are not payments for legal services.
“They are contrary to the public interest, they distort the market for legal services by denying clients a free choice of representative, and they are open to abuse by solicitors who put their own financial interests above the interests of their clients.”
The association expressed concern that the SRA thought it appropriate “even to consult on this issue”. It said: “The payment of referral fees is no more than a system of buying and selling cases – and ultimately of treating clients as a tradeable commodity.”
Given the tight margins in criminal defence work, it said the “inevitable consequence” of permitting referral fees would be a reduction in the quality of the service provided. “While this might suit the commercial interests of the parties to the referral fee, such an arrangement cannot be in the interests of the public or the user of the service.”
The CBA said it is “anecdotally” aware of allegations that solicitors have demanded payments to secure instructions in better paid legal aid cases.
In the consultation, which closed in June, the SRA said it understood the issue is a “topic of concern” for many who “understandably” find referral fees “distasteful and unethical”.
But it said the criminal legal market has been in a “state of flux” with legal aid cuts, the introduction of means testing, and wider changes in the justice system that have “blurred” the roles of solicitors and barristers and altered the flow of cases.
It acknowledged allegations that referral fees are already being paid directly or indirectly in criminal work, for example, to acquire advocacy cases or to “swap” multi-handed cases.
And it accepted the “economic imperatives” for doing so, but questioned whether it is in the interests of vulnerable consumers or the rule of law.
Criminal barristers have strongly opposed a proposal from the solicitors’ regulator to lift the ban on referral fees paid for criminal legal aid cases.
Responding to the Solicitor’s Regulation Authority’s regulatory reform consultation, the Criminal Bar Association (CBA) said the payment of referral fees is “unethical” and “against the interests of vulnerable clients, the rule of law, the administration of justice and the public interest”.
It said the fees exist “solely for the benefit of solicitors” and should be “outlawed”.
According to the CBA: “Such payments have no place in publicly funded work and are an improper use of public funds: they do not represent value for money, and are not payments for legal services.
“They are contrary to the public interest, they distort the market for legal services by denying clients a free choice of representative, and they are open to abuse by solicitors who put their own financial interests above the interests of their clients.”
The association expressed concern that the SRA thought it appropriate “even to consult on this issue”. It said: “The payment of referral fees is no more than a system of buying and selling cases – and ultimately of treating clients as a tradeable commodity.”
Given the tight margins in criminal defence work, it said the “inevitable consequence” of permitting referral fees would be a reduction in the quality of the service provided. “While this might suit the commercial interests of the parties to the referral fee, such an arrangement cannot be in the interests of the public or the user of the service.”
The CBA said it is “anecdotally” aware of allegations that solicitors have demanded payments to secure instructions in better paid legal aid cases.
In the consultation, which closed in June, the SRA said it understood the issue is a “topic of concern” for many who “understandably” find referral fees “distasteful and unethical”.
But it said the criminal legal market has been in a “state of flux” with legal aid cuts, the introduction of means testing, and wider changes in the justice system that have “blurred” the roles of solicitors and barristers and altered the flow of cases.
It acknowledged allegations that referral fees are already being paid directly or indirectly in criminal work, for example, to acquire advocacy cases or to “swap” multi-handed cases.
And it accepted the “economic imperatives” for doing so, but questioned whether it is in the interests of vulnerable consumers or the rule of law.
Countering the gatekeeper agenda, troubling news on earnings disparities, spreading best practice in chambers, Pro Bono Week 2023, and the Rules of War
By David Cosway (with the help of ChatGPT)
Due to advances in research, technology and techniques, AlphaBiolabs can now offer alcohol testing for head hair samples that are just 1cm in length
With the explosion of interest in governance and the growing need to be multi-skilled to keep career options open, adding an extra string to your bow is not without its merits. The Chartered Governance Institute UK & Ireland (CGIUKI) Fast Track for the Chartered Governance Qualifying Programme could be ideal for experienced professionals to reach chartered governance status
The 2023-24 COMBAR mentoring scheme for underrepresented groups is now open for applications - deadline extended to 12 October 2023
The Hodge Professional Mortgage proves more popular with women
The North Eastern Circuit Leader on his trailblazing career, turbulent early years of practice and his mission to equip all barristers, regardless of their characteristics, with the opportunity to thrive. Interview by Glenn Parsons
From a CPS pupillage to Director of Legal Services at one of the largest prosecutors in England and Wales Michael Jennings describes the interesting and varied life an employed barrister in public service can lead
In 2022 Behind the Gown asked the Bar Standards Board to acknowledge online misogyny and sexism. One year on, the regulator’s revised Social Media Guidance doesn’t go far enough in confronting this issue, say Stephanie Hayward and Charlotte Proudman
Growing your junior practice via international conference and how to fund the trip: Daria Gleyze, Emile Simpson and Sajid Suleman share what they gained from the ChBA BVI Conference
Countering the gatekeeper agenda, troubling news on earnings disparities, spreading best practice in chambers, Pro Bono Week 2023, and the Rules of War