So the CBA have announced their ballot. If you are eligible to vote I urge you to do so as soon as possible. The vote is available here. It is absolutely vital that you vote and have your say, either way.
There has been some consternation about the fact that the ballot has a closing date two weeks away. I can understand some frustration with this. Of course if lots and lots of people vote very quickly the period may be foreshortened.
I pause for a moment to observe you should be careful what you wish for. Many of us wanted a ballot. We have got a ballot. Impatience expressed with intemperance may not be the best way to persuade. Herding cats is a difficult task to manage. The CLSA and the LCCSA know that only too well. They have been corralling felines for months and months. I know that time is of the essence, however sometimes patience is rewarded.
The question in the ballot does start off with one tiny mistake. The opening line is “solicitors face an 8.75% cut to litigators fees.” The mistake is not in the missing apostrophe or an extra “s”. Only an arse would point that out. Actually it is two mistakes. The first is that the cut is not only in respect of litigator fees. Or litigator’s fees. It is in respect of lots of fees. Like the ridiculously low fee for police station visits. The second error is that it is an additional 8.75% on top of the cut already suffered. And is in advance of a further cut due in January. Oh and is also being introduced before the consolidation has taken place that the Government recognises has to take place to avoid total market failure.
But the important thing is the vote is asking you to support the action taken by solicitors up and down the country as of today. The same battle we fought recently.
For many days now I have been giving the whole thing lots and lots of thought. Contrary to public opinion, I do think about these sort of things. And I am increasingly coming round to the view that I truly have an individual decision to make. The decision I make right now is irrespective of the view taken by my chambers, my Circuit or the CBA. It is not a protest.
When I did not attend court on the days of action I was not reported to the BSB by my instructing solicitor. When I participated in no returns, my instructing solicitors understood and were supportive. Furthermore I was really, really, really, REALLY (I think I may have enough emphasis now to get across the fact that I mean this) but I was REALLY pissed off when I thought that action was being undermined by people who took returns.
And if I took a case that had a Representation Order after 1st July I would be exactly the person that I felt let me down so badly last time round. And, in all conscience, I cannot do that.
So from now until the result of the CBA ballot is known, I am not available for new defence work with a Representation Order dated 1st July onwards. Until such time as we join with the protest I will not undermine the protest of my friends, colleagues and allies. If I miss out on a fortnight of new briefs, so be it. If others profit from my stance so be it.
Once I started to think about it, the answer was obvious. I wonder how many agree with me? Perhaps you could comment below if you do. It’s not a ballot. More of an informal survey. But a survey that may reassure those who today took the first step in standing together in the same way the Bar did.