A notable immigration lawyer has expressed surprise following a Solicitors Regulation Authority (SRA) review, which concluded that legally aided work was perceived as being of lower quality compared to privately funded work. The review, conducted in July, involved examining law firms specialising in asylum services.
Barry O’Leary, a partner at the London-based immigration law firm, Wesley Gryk, shared his response in a podcast hosted by Free Movement. He firmly contested the SRA’s findings, stating, ‘My perception is that a lot of the bad practice is actually in the privately paid sector, not in the legal aid sector.’
The SRA’s thematic review of asylum law firms uncovered that out of 25 firms surveyed, 18 reported clients opting for privately paid asylum services, even when eligible for legal aid. This decision by clients was influenced by the perception that legally aided work was substandard in terms of quality. Anecdotally, some legal aid firms faced issues of overcapacity, resulting in waiting lists or having to decline clients.
Mr O’Leary regarded the SRA’s findings as significant, acknowledging the importance of regulatory reviews in safeguarding the needs of vulnerable individuals. However, he was ‘gobsmacked’ by the notion that legally aided services were viewed as inferior. He challenged this perception, emphasising that capacity issues, rather than quality, were the primary concerns in legal aid services.
Further scrutiny by the SRA included examining the training records of 143 immigration lawyers. It was found that while all lawyers had engaged in some learning and development, the quality of these records varied. The SRA noted that nearly a third of these records simply listed activities without explaining the necessity for such training.
Mr O’Leary expressed concern over this finding. While not a regulatory requirement, he advocated for maintaining comprehensive training records, seeing it as beneficial practice. He cautioned against reducing the process to a mere ‘tick-box exercise’. Instead, he encouraged lawyers to actively participate in continuous learning initiatives and to stay informed about updates through professional gatherings and government notifications.
The SRA’s review has sparked a critical conversation about the perceptions and realities of legal aid work. As professionals in the legal field navigate these findings, the emphasis remains on ensuring access to high-quality asylum services for the most vulnerable members of society.
