Wednesday 23 May 2012

The future is anything but bright

Share |There is a lot of excitement in the legal world at the minute over issues which do not directly affect those outside it but which may do in the future.

The first is whether Pro Bono work should help fill the gap left by Government cuts to legal aid. The President of the Law Society and others have suggested that the answer is "yes". Those of us who have worked in legal aid for years get either angry or cynical when City lawyers talk about the Pro Bono work they do. One firm suggests its lawyers should do 14 hours each year. For legal aid lawyers pro bono ie doing work for the good of one's fellow man or woman or child for no remuneration is a daily event.

The other issue is the Trainee Solicitor minimum salary and associated to that is education of law students and trainee Solicitors. The minimum salary is an impediment to a legal aid firm employing a trainee unless that trainee is already qualified in some way to undertake work, appear at Court in family cases or go to a Police Station. For a legal aid firm trainees are very expensive and only if they are able and willing to do more than shadow an experienced Solicitor and do research will a legal aid firm be able to afford to employ them.

In larger firms potential trainees are employed as paralegals in the hope of getting a training contract. This has lead to employer abuse of power and dreams of trainees becoming nightmares.

There are too many people qualifying from Law School with Legal Practice Course qualifications looking for training contracts.

In Northern Ireland a system of apprenticeships exists which means that those who spend money on the Northern Ireland equivalent of the LPC are guaranteed a job. Training is on the job and at college by way of block release. Trainee Solicitors are Apprentices. This system could work here in England and Wales.

There is a system of "apprenticeship" available through the Chartered Institute of Legal Executives can result in qualifying as a Solicitor. It takes time. It involves academic testing. You can earn as you learn.

So what? Pro Bono encourages the government to cut more. If Solicitors and barristers fill the gap then there is no gap for the poor and the vulnerable to fall through. This means that the Government can say it was right to cut legal aid because actually it was not needed. Ultimately the poor and vulnerable suffer. Firms move away from legal aid because Pro Bono doesn't pay the rent. Thus creating an even bigger gap.

Unless legal education is reformed to make it acceptable to legal aid firms to employ trainees or apprentices there will be fewer legal aid solicitors. In an already grey market young blood is hard to find. The poor and vulnerable will lose out again.

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