Lawyers work to rule action over legal aid fees back on the cards in Glasgow

The 'work to rule' or disruption threatened by the legal profession over the removal of legal aid fees for representing clients during custody visits may see cases halted or thrown out - on ECHR grounds.

Pity that some in the legal profession couldn't be a bit more consistent when it comes to ECHR these days - particularly when someone is denied a fair hearing by a member of the legal profession itself !

The Sunday Herald reports :

Lawyers to disrupt cases over fees row

By John Bynorth

CRIMINAL DEFENCE lawyers are threatening to force cases to be halted or thrown out on the grounds that their clients' human rights are threatened by the removal of Legal Aid fees for representing them during custody visits.

The Glasgow Bar Association (GBA) will lodge motions with sheriffs arguing that accused people will not receive a fair trial under Article 6 of the European Convention on Human Rights (ECHR) following the decision two weeks ago to remove the "advice and assistance" £42.20 hourly fee for consultations in police custody.

Solicitors are angry the Scottish Legal Aid Board (Slab) has merged their fee into a payment of £515 for dealing with overall cases, no matter how long they take, and claim it represents a 29% drop in their Legal Aid fees which threatens the future of the consultations.

The GBA will target specific cases at Glasgow Sheriff Court where clients have not been represented in police custody because of the new rules by lodging a minute with the sheriff at the pleading diet that will argue the accused's right to a fair trial under the ECHR is threatened.

The motion will force the sheriff to adjourn the case and the solicitors will argue at a fresh hearing that their clients would be denied a fair trial because they did not receive legal representation in custody. The GBA hopes the tactic will force the Scottish government and Slab to rewrite the regulations governing the Legal Aid reforms.

Last week solicitor general Frank Mulholland defended the system of "direct measures" which came into effect following the government's summary justice reforms in March, where less serious cases are dealt with by fines rather than in the courts.

The GBA has estimated that 6500 cases which should have gone to Glasgow Sheriff Court were dealt with by alternative fixed penalties between their introduction and June 30.

However, Mulholland denied that summary prosecutions had been cut by 75%, and said allegations that the Crown Office didn't respond to crime were "not borne out by the facts".

John McGovern, secretary of the GBA, said: "The independent criminal bar in Scotland has been under threat for the best part of 10 years. These latest cuts in the funding of the independent criminal bar directly impact on an accused person's ECHR rights. For that reason the GBA intends to contest them in the courts."

A spokesman for Slab said that a system of "exceptional payments" existed for lawyers who spent two hours or more dealing with clients in custody or who have to travel substantial distances to police stations, and the changes were agreed after consultations with the legal profession.

The changes are being reviewed by a group which will report to justice secretary Kenny MacAskill by December.

Absence of lawyers made courts 'run faster' as work to rule strikes back

As popular as it is to knock lawyers at every turn, the fact is that a person's rights might not be fully addressed if they do not have adequate & competent legal representation.

However, the recent 'work to rule' by solicitors over the legal aid issue saw some courts run faster with their absence ...

The Sunday Mail reports :

Lawyers' protest backfires as court runs quicker without them

May 18 2008 Exclusive by Campbell Thomas

A WORK-TO-RULE protest by lawyers flopped when their court ran quicker without them.

Briefs refused to take custody cases at Kilmarnock Sheriff Court in a bid to cause chaos on one of the busiest days of the year.

They are fighting to keep their £60-an-hour fees paid by the public in Legal Aid cases.

But two solicitors obliged to work whisked through more than 40 cases in two hours less than normal.

One lawyer who defied the protest during the local bank holiday weekend accused his colleagues of greed.

Neil McPherson said: "When I look at my colleagues and their top-of-the-range cars, the houses they live in, the holidays and meals they talk about and all the rest of it, then they refuse to do their professional duty, the only common denominator is greed.

"We have been given a position in society and I feel very privileged to be a lawyer. It's an appointment that is well reimbursed financially. But I also have a duty to my clients to do my best for them.

"When workers go on strike they give up their pay on a point of principle but all these lawyers did was disrupt the court system and make sure they didn't lose a penny. It's abominable.

"The biggest irony is that the court ran quicker and more smoothly without them. The 40 plus custodies were processed by 4.15pm with only two duty solicitors.

"With that number of custodies the court would normally still be running after 6pm."

Christine Cockburn, sheriff clerk at Kilmarnock, added: "There was no disruption and we were able to process the cases very quickly."

The Law Society of Scotland had advised its members not to take action.

But its spokesman Oliver Adair admitted they were not employed by the Crown and therefore free to do whatever they saw fit.

He said: "We appreciate there are legitimate concerns about the package.

"However the progress we have made is quite extensive and we think there is more prospect of resolution by remaining inclusive rather than seeking confrontation.

"There have been a number of concessions and we are encouraging non-confrontation because the Scottish Government is still listening.

"We are pleased that one of our members has followed Law Society of Scotland advice in this regard."

Lawyers 'work to rule' in Scotland causes criminal case backlog, impedes public access to justice

The dispute over legal aid 'fixed fees' and a lack of any substantial discussion from the Scottish Government to resolve the situation or provide any substantial rises in legal aid for representing clients charged with criminal offences has prompted a 'work to rule' by solicitors in Glasgow and other parts of Scotland.

The Justice Secretary claims there is no more money on the table, a regular claim we have got used to over the years as the annual 'work to rule' comes around but don't be surprised if a few pennies are found ... and of course, the Law Society claims not to know anything about anything ....

The Scotsman reports :

Chaos in the courts as lawyers work to rule

By MICHAEL HOWIE
HOME AFFAIRS CORRESPONDENT

SOME of Scotland's busiest courts will today be thrown into disarray after last-minute talks failed to resolve a dispute with lawyers over pay.

Sheriff courts in Glasgow, Aberdeen, Falkirk, Dumbarton and Kilmarnock will be hit by the work-to-rule agreed by hundreds of criminal lawyers across the country.

The rolling industrial action will see lawyers refuse to represent people arrested and detained by police.

The burden of processing the cases will instead fall on a handful of "duty" solicitors.

The move is likely to cause serious disruption today, when hundreds of people arrested over the bank holiday weekend are expected to be processed.

It could mean that the courts have to operate right up to midnight. If the courts are unable to deal with all the custody cases by that time, offenders will have to be released and told to return to court later in the week.

Yesterday, leaders of bar associations – which represent solicitors in cities and towns across the country – held talks with Kenny MacAskill, the justice secretary, in a bid to resolve the dispute and avert the work-to-rule.

They are angry at changes to their legal aid payments, which they say will mean a sharp drop in income for hundreds of solicitors, potentially driving many firms out of business.

The work-to-rule was initially agreed by the Glasgow Bar Association last week. However, it emerged yesterday that several other associations around the country have since pledged to join the industrial action.

Sara Matheson, president of the Glasgow Bar Association, last night told The Scotsman she was "very disappointed" a compromise was unable to be reached with the justice secretary.

"We were very hopeful about the talks but unfortunately our hopes were dashed. There wasn't any movement from the cabinet secretary," she said. "Quite a number of associations are supporting us by carrying out the same industrial action."

She said Edinburgh Bar Association shared her anger at the legal aid reforms, but had chosen not to undertake a work-to-rule, meaning the city's sheriff court will be spared the chaos.

Ms Matheson said the "rolling" work-to-rule was intended to cause disruption to the operation of the courts, "by withdrawing our goodwill".

"This is intended to highlight the work our members normally do to assist the ends of justice," said Ms Matheson, who added that lawyers were not paid for the "vital" custody service they normally provide.

The Glasgow Bar Association represents a third of the 1,400 criminal lawyers in Scotland and serves Glasgow Sheriff Court, Europe's busiest court.

The reforms were announced this month by Mr MacAskill as a way to tackle "wastage" in the system, which the government claims amounts to £4 million. Scotland's legal aid bill is about £150 million a year.

A spokesman for the Scottish Government last night said Mr MacAskill was "willing to engage constructively" with lawyers, but said there would be no more negotiation over the reforms, which will be introduced next month.