I am told Michael Gove cannot abide self-interest. It may have been his perception of self-interest that caused him to rebuff the approaches of solicitor representatives to delay/abandon Two Tier this summer. This is something he needs to get over. Quickly.
In Catherine Baksi’s interview with Sir Henry Brooke the retired Judge tells us about the early days of Legal Aid. He describes how lawyers would undertake Legal Aid work for 10% off the market rate, this being the lawyers’ contribution to the Legal Aid fund.
A while ago I conducted a committal for sentence. The day after the hearing the client dropped an envelope into chambers. It contained a wad of banknotes. It contained in excess of 300% of the Legal Aid fee. The client had judged what he thought my work deserved as a gratuity. (The envelope and its contents were returned to the solicitor to be given back to the client, before anyone reports me to the BSB). Legal Aid fees are a fraction of the going market rate.
Let me begin to join up the dots. Mr Gove need not fear self-interest of Legal Aid lawyers. We are already investing more into the Legal Aid system than the Treasury. When he sits across the table from Legal Aid lawyers he is talking to people whose only interest is a sustainable and fair Legal Aid system.
When he spoke to those Legal Aid lawyers in the late summer the message was we were too far down the road to abandon Two Tier. The savings from the second cut had to be banked. Two Tier had to go on.
It turns out his biggest problem was not the self interested lawyers. It was not strikes or direct action. It was the usual inadequacy of the Government procurement “specialists” to organise a cocktail party in an off-licence. Inevitably there would be litigation but the information from two whistleblowers Freddie Hurlston and Paul Staples added considerable grist to the mill of the disappointed.
So the implementation of Two Tier has been put back until at least April. A further cut to fixed fees has followed suit. And do you know what? The finances of the country have not been blown apart.
In fact all that has happened is that the Government have wasted vast amounts of taxpayers money on a procurement process which has only procured a steaming pile of……procurement appeals. There is every chance that they may throw good money after bad in defending the assessment of untrained temps.
The Lord Chancellor has been gifted a window of opportunity to find a better way forward. He should have done so in the summer. All that he has achieved is further cost. Now is the time to listen to those who have the most interest in the system working well. Time to talk to the lawyers. Lawyers who are not self-interested parasites but are expert participants best placed to advise how to deliver savings without cutting standards.
Come on, Lord Chancellor, you know that everything Grayling did was a disaster. You know every decision he made was the wrong way forward. It is the lawyers across the table who can save you from the ultimate folly of Two Tier. That is in everyone’s interest.