THE acting regional director of the Legal Services Commission (LSC) has spoken about changes to the contracts of criminal lawyers, which they say could send them out of business.
In an exclusive interview with Legal Week, John Binks said a new fixed standard fee payment for police station attendance and duty solicitor call-outs will result in a more efficient service that is better value for money.
There will be no shortage of legal aid service providers and some solicitors could even find themselves better off if they are willing to take on extra work, he said.
Mr Binks spoke out after 25 of the city’s criminal law firms “reluctantly� signed up to the new contracts at the end of last month, fearing a loss in income of up to 25% and a lack of availability of legal aid to the most vulnerable of society when the new system comes in in January 2008.
He said: “From our point of view the new contract creates greater opportunities for more efficient suppliers.
“Those who provide a good service, quickly, have everything to gain.
“It is a concern to us that suppliers are unhappy with the rates and terms being offered, and for that reason we are looking at broader channels of communication and to remain in close contact.
“We have to look at ways to deliver services at better value for money while still maintaining quality.�
The LSC also hit back at accusations that lawyers had been kept out of the loop during the consultation process.
“There has been a long process of negotiation which is ongoing, and as a result there has already been significant changes to the proposals,� Mr Binks said.
“I don’t accept the suggestion that there has been a refusal to negotiate. We have listened and we have made changes on the basis of what they have told us.
"We are delighted that all suppliers have signed up. Signing gives the opportunity to indicate whether they will be willing to take on more work on those terms.
“So as for the concerns about people not getting representation in police stations and courts, we do not envisage that is going to happen.
“From the commission’s point of view, it is an incentive for efficiency and I don’t think all suppliers have examined these opportunities as well as could be at the moment.
“If some suppliers analyse how much it has cost them over the last 12 months and what they’ll get in the future, there’s no doubt some will see a mismatch. But equally some suppliers, if you look at the figures, are going to be better off.�
The January contracts are on a six-month term, following which a unified contract “pulling together� criminal and civil services will be introduced in July 2008.