Recent findings highlight the shifting dynamics in civil legal aid, revealing how solicitors are increasingly stepping into advocacy roles traditionally held by barristers.
Research conducted for the government’s review of civil legal aid uncovers an evolving trend: the line between solicitor and barrister roles is becoming less distinct. This change is particularly evident as solicitors undertake advocacy work themselves, a move driven by both necessity and strategic choice.
The difficulty solicitors face in appointing barristers for lower court cases, often perceived as less engaging and lower profile, further contributes to this shift. The shortage of available barristers, especially for short-notice hearings in areas like Wales, South-West England, and the Midlands, exacerbates the situation.
The Ministry of Justice’s announcement of a 10% fee increase for various legal aid areas like housing and debt is noted, yet the overall landscape points to broader systemic issues. Financial pressures and an advocate shortage push more solicitors to perform advocacy, a trend seen as indicative of sustainability challenges within the sector.
The distinction between solicitors and barristers is also being questioned by some within the profession. While a few barristers view the rise of solicitor-advocates as unfavourable, solicitors express frustration over the perceived lack of interest from barristers regarding lower court cases. The financial viability of conducting advocacy in-house appeals to solicitors, allowing them to claim advocacy fees directly.
Mental health solicitors, in particular, frequently take on advocacy roles, even in complex cases. This trend reflects a broader concern shared among legal professionals about the increasing administrative burdens and low pay associated with civil legal aid advocacy.
The current fixed-fee system compounding these issues is often criticised as overly complex and misaligned with the actual work advocates perform, leading to delays and additional bureaucratic hurdles. Consequently, many in the legal community view the current system as unsustainable, jeopardising access to justice.
Concerns about an ageing workforce, limited training opportunities, and the impact of LASPO on reducing financial support for many case types underscore the pressures facing the civil legal aid advocacy sector. The resulting decrease in access to justice and rise in self-represented litigants signal growing challenges.
Suggestions for improvement focus on increasing funding, simplifying payment processes, expanding eligible case types, enhancing court system consistency, and raising the profile of legal aid early in legal careers.
The evolving role of solicitors in civil legal aid advocacy reflects deep-rooted challenges within the legal sector. Addressing these issues requires systemic changes to ensure sustainable access to justice.
