Category Archives: Speeches

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Speech at CLFS Autumn Confrence, London, 2017

I was invited (jointly with Greg Powell) to speak at this CLFS conference in the final speaker slot, on the topic of “unity, and changes ahead”

Greg Powell spoke first, lambasting the MoJ for their announcement earlier in the week that following their LGFS consultation (and despite 97% opposition) they would cap payment at 6k pages of PPE. (For non criminal legal aid lawyers, this basically is yet another cut in legal aid payments) 

The text of my speech is below:

I am now all that stands between you and the Friday evening drink, and all that stands between you and the weekend. I therefore hope to be brief.
Although probably not as much as you hope that I will be brief.

Anyway, once again I have been asked to speak on unity in the profession. This year, clearly not to be trusted I am sharing with Greg Powell,  a hard act to follow.
In the programme we are billed as the “two Gregs” – like the three amigos but less fun and without the sombreros.
Or perhaps when you think of “Greggs” plural  you have an image of a couple of sausage rolls.

I am no more qualified than anyone else to speak on the topic of unity.
But I suppose being involved in a rep body- in my case the LCCSA-has given me some small insight into where we, as a profession, have successfully united, and where we have not, as well as whether it matters.

I am also going to touch on breakfast Courts and the 14 hour rule for duty solicitors in the current LAA contract.
And there will be a thinly veiled appeal to join and support the LCCSA.
And in case none of that appeals I will have a go at Grayling.

Unity

Can we achieve it even between ourselves as criminal lawyers?
It’s a good topic because we have much that divides us, not least healthy competition, but it seems to me that in recent years there has been an increase in shabby gamesmanship by unscrupulous client-chasers posturing as reputable lawyers but lacking integrity.

A 1/4 century or so ago, when I was first attending courts and police stations, (back in the days when we were paid travel, waiting and a London allowance) other solicitor firms were rivals, but also friends and colleagues.
people I could approach for advice, and who would gladly provide it.
Nobody interfered with client choice or objected to a LA transfer.

Now you can go to some Courts (one in North London comes to mind) and find an army of solicitors from a rival firm armed with clipboards hovering by the door of the court or by the notice-board with list of cases, tapping up all the clients and diverting first appearances from the duty.
These are rivals but neither friends or colleagues.They are touts.

These sharp practices, whilst deplorable, probably arise from the ceaseless cuts which lead to a race to the bottom, and the less scrupulous fighting like rats in a  barrel.
But ignoring that debased minority, criminal lawyers nonetheless have much in common.
The work we do, undervalued and underfunded though it is, is not merely a job, it is a profession and a vocation.
We have, I think, uniting us, an overarching interest in justice.

Of course we all have a degree of self interest, and we all would like to be well paid.
Or at least properly paid
Or sometimes even paid at all

So we are united in wanting better, and fairer, rates of pay.

We are also, I imagine,  united in wanting, amongst other things:-

-Properly equipped courts with an adequate advocates room, and maybe even a cafe

-List officers that take into account advocates availability

-video-links that work,

-prisoners to arrive on time,

-competent interpreters to be booked,

-timely and adequate disclosure

and an opportunity to properly assess the evidence, give proper advice, and where appropriate prepare properly for trial including the right to challenge prosecution evidence and put forward a defence case.

We want a level playing field, we want a fair hearing.

But we also have different interests.
Big firms vs small, legal aid v private, generalist v specialist, own client vs duty, etc.

And then within law firms there are divergent interests, typically between employers (partners or co directors, firm owners) and salaried staff, or “overheads” as the former sometimes think of them.
If only there were an organisation that strives to represent all those interests, not just one vested interest group….

So what is left that may unite us?
A desire for better rates of pay
A desire that the Government may just leave us alone for a while
A wish that the LAA would go and f, f, f, fade away

Can we unite around our common interests?

How do we unite?

Firstly you need strong and accountable representative organisations.
We don’t have a trades union.
We have the Law Society, but….

Here in London you have the LCCSA .

We respond to the consultations.
We lobby.
And we reluctantly became an effective campaigning organisation

How do the LCCSA and other representative bodies work together?

Easy enough when campaigning against cuts or a Lord Chancellor so universally hated that all are joined in opposition

Remember Grayling?  Whatever happened to him?
Grayling as Transport secretary
In October Grayling attending the launch of the new hybrid train between Bristol and London. A service that not only arrived into Paddington 45 minutes late after the train broke down while switching from diesel to electricity, but whose air conditioning had failed, drenching dozens of passengers with water.
As for Brexit, he says that everything will be fine because “British farmers will grow more”, a comment so facile it is beautifully eviscerated in this must-read demolition of Grayling’s ignorance  which describes him as “the wilfully ignorant, insouciantly callous former Justice Secretary who took a sledgehammer to the legal aid and prison systems” (independent)
He also appeared before the Transport Select Committee, in a shambolic performance that was beautifully captured in this sketch  (worth reading in full) which concludes with “while there was a refreshing honesty to his incompetence, there really didn’t seem to be any part of his brief that Grayling fully grasped. He was dangerously deluded about what had gone on on his watch and complacent about the here and now

After CG , we had Gove, we liked him, but he didn’t last.

He did give us the Bell Committee- anyone remember that?
Gary Bell QC, the HCA hating barrister, who was to report on the CJS
His self appointed committee appears to have died a natural death
That has certainly helped unity 🙂

A year ago we had Liz Truss, lover of cheese and pork markets, who failed to stand up for the judiciary when they were attacked by the tabloids.

Now we have Lidington, beneath the radar. Not very high profile – perhaps this week’s announcement mean he is a silent assassin.
Anyway, irrespective of which Lord Chancellor we have, there are always

topics we can unite on by opposing:-
1 The announcement this week of the LGFS “restructure” (cut) which 97% of those consulted were against. Greg Powell has dealt with the absurdity of the MOJ response and this uneccessary cut. LCCSA Statement here

The Criminal Bar Association have put out a statement which “reminds the legal community and the MOJ that the system is at breaking point. There should be investment in Criminal legal aid, not cuts or reductions of any kind. We are unified with our solicitor colleagues in our aim to ensure that legal aid survives, and thrives.”
So that is unity with our friends at the bar and we thank them for it.

2 Flexible Operating Hours

The proposal came from nowhere, no consultation.
Promised it would have robust evaluation.
That evaluation went to Tender, they got that wrong, so proposals were deferred or, we hoped, died, but now they have revived the corpse.
The Breakfast court at HCMC seems to have gone, but they will be listing CPS bail trials from 5.30 pm to 8:30 pm Mon-Thursday.

Perhaps they don’t realise that Court sometimes sits that late already, with trials listed from 2-4pm. With these plans you could be there to midnight,   So be ready to resist when handing in your PET forms…
Blackfriars will piloting 2 four-hour CC sessions and a half CC /half MC session (as before.)
Make sure the obvious objections are made at each stage, and this pilot will inevitably show the failings inherent in this half baked scheme.
3.  14 hours term in the new duty contracts 

The duty solicitor rotas were bloated
There was a desire to remove ghosts
But what are ghosts?
We thought they were the ones on the rota who were dead retired or abroad
I’m which case a requirement to do a min amount of ps work or duty compliance would suffice
So why 14 hours p/w?!

Two examples of why this is crazy:-

1 HCAs for example do considerably more than 14 hours per week, the vast majority of which is Crown Court preparation or advocacy paid on a legal aid account under the AF1.

This is not “Contract Work” and does not therefore count. Sitting behind that advocate unpaid while they undertook the advocacy on a case would count.
The absurdity of this situation is obvious.

Equally obvious is that neither of them is remotely ghost-like. I can see no logical reason why “Contract Work” is the defining element for hours worked for the firm.
Nobody is begging to be woken up at 4am to undertake duty work but it provides clients with good quality legal advice to have people like this on the rota – this is after all the point of the duty solicitor scheme.

I cannot see the justification for disallowing this work from the 14 hours. It goes way beyond the purpose of the rule and is completely unacceptable to anyone with an ounce of common sense.

2.       Child care

A DS (over 20 years call) is also a consultant and has child care responsibilities for two young but school age children. Duty work suits her well as she knows in advance when she has to be available for work and she undertakes her duty work.
She undertakes more than 14 hours a week if you do not count the weeks that she has had to be unavailable for work due to child care responsibilities, namely the school holidays. The period of review includes both Easter and the summer holidays when she was unavailable for any work at all.

When you add in those 0 hour weeks, she falls below the 14 hours and likely to be removed. Madness. And discriminatory.

It also begs the question as to how the 14 hours is calculated. Is it 14 x 52 per year – no one works 52 weeks a year – apart from probably Greg Powell. So is it 14 x 48 (4 weeks holiday) or 14 x 46 (6 weeks civil service holiday allowance)? In which case it averages over a year at less than 14 hours a week?

How did we get into this mess?
It was an LAA idea, but when canvassing representative bodies only the LCCSA objected.

For others, ghosts were not just those on the rota who never went to PS or court or undertook their duties, ghosts also included freelancers. So they supported, and still do, a requirement that solicitors work 14 hours a week and just for one firm.

The LCCSA position on 14 hours is consistent:-

In The past we have been driven into a contracting supplier base and pessimism by relentless cuts , unnecessary bureaucracy , and too often by overly hostile stances by assessors , auditors and managers .
The collapse of the scheme to contract duties passed without apology .
The LCCSA argued in relation to rules for Duty Solicitors for simplicity and an acceptable minimum standard , namely a mix of actual duties completed in court and police stations with some minimum number of overall attendances.
We argued against any hours requirement as unnecessary , bureaucratic and against the interests of working parents and especially that it offended the principles of simplicity and ease of checking .

The Present
Predictably “the Hours” will now consume much energy .All its limitations and difficulties are thrown into sharp relief as reports of overzealous interventions by account managers filter through while confusion over aspects of the schemes detail spreads .
As a membership organisation we have always fought to protect individual ownership of scheme membership .
Similarly we have favoured the widest interpretation of qualifying work and terms that allow our diverse membership to properly contribute through duty solicitor work whilst maintaining a wide variety of working lives .
The future
We will be informed by our members response .Some argue that the future should involve consolidation of the supplier Base and the concentration of ownership of duties in the hands of fewer powerful owners .This would devalue the economic positions of members of the LCCSA . It is not a position we will adopt. It is sometimes disguised as concern for the future stability of supply when it really reflects a desire to gain economic advantage.
What we always need is unity around the political issue which has been the Government desire to restrict scope and impose austerity. The hours issue is a battle for a settlement in the widest interests of members but the great issues are restoring value and scope

Well we are where we are.
What do we do about it?
Can we bring a JR ?
Well Legal Action being a last resort, we are first making representations to the LAA to soften the harsh interpretation.

We want HCA Advocacy to Count, as well as file reviews and supervision. Also:-
-Pro-rata reduction for part time workers, and for absence through illness,
-VHCC work to Count
-Hours to count whichever firm or office carried out for

Who makes these reps?
The Law Society leads.
They have a group called the ”Practitioner Group”
That includes elected bodies such as the LCCSA and CLSA
Also it includes the “Big Firms Group”

Who are the BFG ?

Nobody really knows
They don’t have a constitution
Or a website
If they have aims they are not made public
If they have a committee, we don’t know who is on it , how they were elected or even if they were elected.
They are not accountable.
We know they supported breaking the link between indiv Duty sols and their slots, putting duties in the name of the firms to distribute as they wish.

And their name suggests they focus on the interests of Big Firms, or more accurately over those that own and run them (their employee base are not consulted and do not participate)

And yet they- this self appointed group- sit at the table seeking to influence the decision makers. The two-tier contracting proposals arose from their wish to restrict the supplier base.
It is a matter of regret, that we have allowed this body to fracture Big Firms from small.
Perhaps there should also be a “Small  Firms Group”  and a “medium Firms Group”. There was a freelancers group, but the BFG and CLSA objected to them participating at meetings of the Practitioner Group.

Or perhaps we could just tell TLS and the MoJ to ignore the BFG, and we could all unite behind an organisation that represents big firms and small, owners, the employed and the self employed.

The LCCSA is that organisation.

The LCCSA have the following objectives,

The objects of the London Criminal Courts Solicitors’ Association are to:
▪ Encourage and maintain the highest standards of advocacy and practice in the Criminal Courts in and around London;
▪ To participate in discussions on developments in the criminal process;
▪ To represent and further the interests of the Members on any matters which may affect Solicitors who practise in the Criminal Courts; and
▪ To improve, develop and maintain the education and knowledge of those actively concerned with the Criminal Courts, including those who are in the course of their training.

So to conclude:-
The LCCSA had virtually -and by necessity- re-invented ourselves as a campaigning organisation.
We are if necessary prepared to fight again against cuts and to protect the interests of all who practice in criminal law.

Are you up for that fight?
Any representative bodies is only as strong as our membership.
We can only campaign, take legal action, put on events if our membership is strong, and we are funded by our membership fees.
If you join, or retain a membership, we are stronger.
My plea to you is, if you are not already signed up, is to join your representative body the LCCSA.
If you are a member already-thank you- and remember membership renewals are due on 1st November
Please come to our AGM Dinner on November 13th
Please consider joining the committee.

Thank you for your support.
We don’t want to do this without you, and tbh we can’t do it without you.
Join up, and we are united together.
United we stand, divided we fall.
That is the true message of Unity.

And now, time to unite and join friends and colleagues in the pub.
I hope you will raise a glass to justice, celebrate solidarity, drink to the health of legal aid, and share a toast -to Unity.

Cheers

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Unity in the Criminal Law Profession

Edited text of speech at CLFS Conferences (delivered 21/10/16 Manchester +  28/10/16 London)

Intro

I have been asked to speak on unity in the profession.
I am no better qualified than anyone else to speak on this topic, but I suppose being involved in a representative  body- in my case the LCCSA–  has given me some small insight into where we as criminal lawyers have successfully united, and where we have not.

Last week I attended the Parmour lecture for the Howard league, delivered by Nick Hardwick, now at parole board but perhaps better known in his previous capacity as a fearless Inspector of Prisons, whose reports graphically condemned prison after prison as unfit for purpose.
The audience included, as you might expect, bleeding hearts, liberals, lefties, lawyers, the usual suspects. So as you may imagine. I was at home.
But the lecture was at Clifford Chance, and I did not feel at home in their glittering building in Canary Wharf.
Lawyers there are not familiar with the type of law that we do anymore than we are with their commercial activities
They don’t understand criminal law as we understand it

(Although I did read last week that somebody employed in a City firm was sacked and struck off for stealing stationery. Perhaps it’s only to be expected that things disappear in a magic circle firm…)

Anyway…

At Clifford Chance, they don’t practice legal aid
A fixed fee for an entire case at the magistrates court is equivalent to the hourly rate of lawyers there.
What do we have in common with these “masters of the Universe?”
We have the same regulatory body, we pay the same practicing certificate, we are in the same profession….

..and we have virtually nothing in common.

So we can’t expect unity with City firms
Or can we?
Underneath their expensive suits do these lawyers not still have an interest in justice? Might they not help us? There was discussion at one point of a 1% tax on Commercial Law firm profits to fund Legal Aid. That’s not going to happen, but can we, should we, dare we approach our better-heeled fellow lawyers and ask for help?

I do not mean encouraging the provision of well intentioned “pro-bono” advice from junior employees at the Law Centre, but can they support legal aid practices by eg seconding trainees, or providing support services, in the way a PL club may “loan” a player to a less well-heeled club?

Or can they help us lobby MoJ using their access to the corridors of power?
Just ideas.
Unity.

Unity in the Profession

What about the High St Practice? The one-stop shop with a range of services , a holistic approach?
Law is increasingly fragmented, and LASPO has ripped the heart out of much of what would have been publicly funded advice.

We think we have it bad in Criminal Law, but where were we when multi-disciplinary practices were axing family departments, abandoning employment, immigration and welfare benefit advice? Were we campaigning and fighting for the principle of equal access to the law, or squabbling about page count?
We need to fight for Justice generally, not be marginalised into separate spheres of narrow self-interest.
Representative bodies try to do this, meeting together -TLS, LAPG, YLAL, CBA

Can we expect unity with our fellow lawyers from other disciplines? Do even we deserve it?
Can we achieve it even between ourselves as criminal lawyers? We are all competitors in a diminishing market.
I believe that although we have much that divides us we criminal lawyers have much more in common
We have , I think, an overarching interest in justice
This is not a job, or even just a profession, it is a vocation.

Of course we all have a degree of self interest, and we all would like to be well paid.
Or at least properly paid.
Or sometimes even paid at all.

But we care about the principle of justice.

And we actually want what the current Govt has adopted as a slogan- a “criminal justice system that works for all”

We are united in wanting for example:-
-video-links that work,
-prisoners to arrive on time,
-competent interpreters to be booked,
and an opportunity to assess the evidence, and give proper advice , and get proper credit for pleading guilty without being rushed or bullied into pleading.

We want a level playing field, we want a fair hearing.

So there is understandably good unity when we campaign on those issues that we all agree on.

Unity against a common enemy

Lawyers individually and their Practitioner Groups are at their best when have a common cause or better still a common enemy.
When we don’t it all falls apart and we can get back to hating each other, like the PFJ vs the JPF.

The last time we had a very obvious common enemy, it was an easy target, an odious pig-headed individual who will be forever remembered as worst LC ever.
I probably don’t even need to say his name, but it rhymes with Failing.

Which brings me back to the Howard League lecture I attended last night. Much of Grayling’s bad work has been overturned or abandoned, but in the failing prison estate we are seeing the legacy of Grayling’s cuts and policies.
The shocking murder in Pentonville this week is the 6th murder in prison SO FAR THIS YEAR.
Grayling described the increase in deaths in custody as a “blip”
I invite you to pause for a moment and consider that continuing blip
In last 12 months, over 300 deaths in prison (up 30%)
Over 100 were prisoners taking their own life.
Over 10k self harm incidents
Over 20k assaults
And the prison population keeps rising, as the resources and staffing for the prisons diminishes.

And where are the prison lawyers?
Access to legal advice to prisoners was heavily curtailed by Grayling in September 2013. That reform has not overturned.
Where were we when prison law was being axed?

First they came for the immigration lawyers, but I didn’t speak out because I wasn’t an immigration lawyer.
Then they came for the prison lawyers, but….

Well you know how it goes.

But it’s not all doom and gloom.
Let’s look at and celebrate what we can achieve when we are united-starting with “two-tier”

Unity in Adversity (fighting the two-tier litigation)
In January we had “the victory”, and although there was much relief, there was only muted celebration.
For those who don’t know or don’t remember, TT was the controversial contract-tendering procedure which would restrict the number of law firms permitted to do duty legal work.
It was hatched by the MOJ and initiated by Chris Grayling, the previous Injustice Secretary. It was supported -encouraged even- by some firms in the “Big Firms Group”.
Accompanying this was a proposed 8.75% fee cut, the follow up to the first 8.75% cut we had already absorbed

Much time, energy – and money – had been expended on tortuously difficult tendering documents, much anxiety hanging on the results. Firms had closed or merged in anticipation of the outcome, or planned mergers. Solicitors changed firms- only some voluntarily.

It threatened to wreak havoc on a supplier base acknowledged to be fragile, and for comparatively modest savings.
This proposed enforced consolidation of the profession would have effectively forced many firms to merge or close.
This, despite an acknowledgement that over the last parliament annual spending on legal aid was reduced from £2.4bn to £1.6bn.

What went wrong?

TT was wrong in principle, but to add insult to injury it was ultimately botched in application.
Contracts were awarded, and a whistleblower revealed the marking had been carried out by unqualified temps from a recruitment agency.
So unsuccessful firms took legal action against the MOJ
They banded together in a consolidated group action.
And they were successful.
Unity.

Before the tendering process began, there was a JR in which we argued the whole scheme was irrational.
The LCCSA was proud to have fought that battle, together with CLSA and TLS.
We lost.
And it was expensive.
We campaigned and fundraised.
Many of you contributed – thank you.

Counsel’s fees from Admin set 11kbw totalled around £150k (which goes to show why we should practice admin law not crim law)
It wasn’t pro-Bono, and it wasn’t mates rates.
That meant, despite generous donations, we depleted our reserves and gave our committee sleepless nights. We were not indemnified against losses, we were personally liable.
So in our darkest hour, we had to fundraise and more importantly trust that people would renew their memberships just to survive.

So the fact that we have survived as an Association, with membership steady, is a victory for Unity.
Although you may be interested to know that when we asked 11KBW whether they would contribute or sponsor an LCCSA event, answer came there none.
Instead our sponsorship came from friends at the criminal bar who don’t command such eye-watering fees, small firms, and individual solicitors.
I thank you.
Unity!

Unity in Campaigning

On May 22nd 2013 the LCCSA organised our first demo outside Parliament which generated national coverage.
On the afternoon of the same day there was a national meeting attended by 1000 solicitors and barristers.
In June another demo was organised by solicitors outside the MOJ
In March 2014 there was a day of action, a withdrawal of services from courts, called in some quarters a “strike”.

We had “No Returns.”

We had a protocol where firms agreed to sign up no new legal aid cases. Only a small minority breached that, some reluctantly for vulnerable own clients only, and a few still took an opportunity to clean up or profit.
We learned solidarity, and began to trust each other.

But the truth is so far as funding is concerned, for years we have endured a slow death by a thousand cuts, a sustained attack, and only belatedly we learned to fight back.
We campaigned, protested, demonstrated, withdrew services, and went on strike.
We battled the most odious and incompetent of Lord Chancellors, the infamous Chris Grayling, once memorably described by Jerry Hayes as a “turd that couldn’t be flushed”.
Grayling didn’t like lawyers, and the feeling was mutual.
So, we rallied, we lobbied, we marched, we demonstrated.

And we learned Unity

Unity Undermined: “divide and rule”

But Grayling’s one great trick- and looking back it’s hard to believe any of us let him get away with this- was to divide and conquer.
He played barrister against solicitor.
At those rallies and actions I described we were shoulder to shoulder with the criminal bar led by Michael Turner QC.
But later, the MoJ met other representatives of the bar privately, and struck a “deal”.

Relations between leadership of the criminal bar and solicitors reached a low point. Like an old married couple, we were bickering.
We lost that unity, and we were the poorer for it.

I believe put those differences behind us.
We enjoyed a good relationship with Mark Fennells QC, and have confidence in his successor Francis Fitzgibbon QC.
We need to working constructively on proposals for AGFS and litigator fees to try and make sure we are all properly paid for the work we properly do.

It wasn’t just solicitor v bar.
A few years ago we also saw the creation of new self-appointed special interest groups, principally the so-called Big Firms Group.
Who are they?
I don’t really know.
They don’t have a website.
I don’t know if they have a constitution, or if their committee -if they have one-is elected or self-appointed. I do know you cannot join them as an individual solicitor, even if you are employed by one of the Big Firms who apparently constitute the membership of the group, which again is unclear. Perhaps they have a secret handshake.
So they are unaccountable.
Now it is right that two of the leading firms of the BFG- TV Edwards, and Tuckers-joined the strike (sorry I mean individual actions) of June 2015.
And I accept unequivocally the right of any individual or firm to organise themselves as they want, and to act in their own best interest, and competitively. But, if we fracture into competing interest groups, big vs small, owners v staff, employed v freelancer, we are not united.

We can learn from what happened when Grayling successfully sought to divide and rule.
The lesson of unity is a simple one.
United we stand, divided we fall.


Current Campaigns

There is always some horror lurking around the corner.
We are currently engaged in 6 consultations.
And we have put a lot of work and endured many meetings with the LAA, to try and improve the contents of the new LA contracts.
Just this week we forced the LAA to redraft the embarrassment clause.
What was that?
Remember how in North Korea they banned sarcasm?
Well LAA inserted a clause in contracts that bans any contracting party from doing any act that “might cause embarrassment.”
This was nothing short of a “gagging” clause, and I am glad to see the back of it.

Gove
We liked Michael Gove.
He left us alone.
He made positive noises on prison reform.
He overturned Grayling’s policies.
He abandoned two tier.
He postponed the second cut.
The one thing I wasn’t so keen on, was his ill-judged appointment of an “advisory” committee, headed by his chum Gary Bell QC.
Gary had some strong views on solicitor advocates, and these were recorded NOT in off-the-cuff  remarks but (here) in an interview in socitors magazine Law Society Gazette  :-
“The biggest threat to its existence”, he asserted, is not the two-tier system for solicitors’ contracts, but a situation that has existed for some time — the increasing use of solicitor higher court advocates (HCAs), who are insufficiently qualified and ‘not up to the job’.

HCAs, he rates, as ‘rubbish’.  “I’m sure they’re nice people and are nice to their children. I’m sure they do their best for their clients.

The majority of solicitor HCAs, he suggests, are ‘failed barristers – who either started at the bar, but never got pupillage or tenancy, and for good reason, or who did but then found that they couldn’t make a living because they were useless.

‘So they go and work for these solicitor’s firms as very low paid HCAs and because the solicitors have got the ear of the client they can always persuade the client that this absolutely crap person that they employ is the best person to conduct their case.

‘They are the best person from one perspective — it’ll optimise the earning capacity of the solicitor’s firm. And if that means that the client has to go to prison for a few years, that’s not really a problem for the solicitor – at least they can buy another Aston Martin.’

His anger is not directed towards HCAs themselves, but the firms that compel them to do higher court advocacy. ‘It means that venal solicitors will earn a lot more money. It’s greed; it’s avarice”

Mr Bell is one of the highest earners at the criminal bar, reportedly earning nearly £1/4million p.a. On his legal Aid work. How are you doing in comparison, you “venal” greedy solicitors?
He concluded his interview with this:-
‘If there are any solicitors that read this who employ HCAs, they can fuck off anyway, because they’re destroying both professions’.

UNITY? Perhaps we still have some way to go.

Bell then appointed his own committee, bypassing representative organisations, and sidelining solicitors.

I don’t knows what has happened to his committee or his report

But as for Gove, he got caught up with Brexiting, and ended up exiting.

Truss

Our new LC Liz Truss was a bit of an unknown quantity.
We knew she liked British cheese and pork markets
But will she sort out the mess of our prison estate?
What will she do about the second cut?
We are still waiting.
But perhaps no news is good news.

We have had enough of diktat and pronouncement by highly paid civil servants at the MOJ , and we have had enough of cuts.
We cannot take any more.
The sustainability of the justice system relies on proper preparation and presentation of cases.
We all play our parts- barristers and solicitors.

So to conclude:-
The LCCSA had virtually -and by necessity- re-invented ourselves as a campaigning organisation.
Thankfully, we have put the banners and t-shirts away, at least for now , and gone back to our core business- training events, representing criminal lawyers in London whether doing legal aid or not, and of course our famous social events.
But we are ready to resume action if forced to do so, and will do so if the Government tries to bring in that second cut, which will threaten not profitability but sustainability.

But all the representative bodies are only as strong as our membership.
We can only campaign, take legal action, put on events if our membership is strong and we are funded by the membership fees.
If you join, or retain a membership, we are stronger.
My plea to you is, if you are not already signed up, join your representative body (LCCSA, CLSA, CBA)
If you are a member already-thank you.
Thank you for your support.
We don’t want to do this without you, and tbh we can’t do it without you.
Join up, and we are united together, and we can achieve great things together that we cannot do on our own.
That is the true message of Unity.

And now, time to “unite” and join friends and colleagues in the pub.

With thanks to CLFS for a fantastic conference, and 25BR for sponsorship.

Cheers!
Greg Foxsmith
President, LCCSA

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LCCSA Outgoing President Speech November 2016

Welcome to the LCCSA AGM!

President’s speech 07/11/16

I woke this morning to the exciting news on my radio that we are about to experience the most important Presidential election ever. They were saying that whatever the result the current outgoing President was highly regarded, and far more popular than a likely successor.
Imagine my disappointment on realising they were talking about tomorrow’s US Presidential election, and not this evening’s LCCSA AGM and election of our new President…

It has been a funny year-a new PM, a new Lord Chancellor, BCM and “Pressure to plead Hearings, Brexit, killer clowns, and Donald Trump.

But for me, It has been an amazing year and enormous privilege to be LCCSA President.
It was a bit daunting….
The President was meant to be the then VP, but with a WEEK TO GO he bailed out, and (in the absence of anyone else) I was parachuted in.
My immediate predecessor was Jon Black.
I had to prise the presidential medallion from him, chest hairs still attached. Now I feel the same sense of ownership of the Presidential medallion, which exerts a command like the ring over a Hobbit.

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Equally “precious” and hard to relinquish is the Presidential cigar box, although I am disappointed to say when my successor opens it, he will find only a note saying “sorry-I smoked all the cigars
The Constitution said the outgoing president has to stay on for a further year. Thank goodness! Jon’s hard work over the last year has been an enormous help. Thank you Jon (below,as Pres)

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I have also been hugely helped and supported by Jenny Wiltshire as VP, who stays on as VP for another year- thank you Jenny. (Pictured above, LCCSA Conference, Ghent)

First the sad news-
We are losing from the committee one of the key officers, loyal to the LCCSA and lovely to work with, and who took on the role of Law Reform Officer and reformed it.
There are innumerable consultations and reforms, too many for you to respond to, so this association does so on your behalf. When i say association, I mean….TONY

imageToast to Tony Meisels

The good news -we are retaining all of our co-opted senior statesman-Steve Bird, Ray Shaw, Malcolm Duxbury and Paul Harris, and joining them is Jon Black, who deals with the CLSA.
Last year we made Paul Harris an award of Honorary Life Membership.
This year we also feel compelled to reward onother of our former presidents an award, for staying on the committee and being supportive. Raymond Shaw
TOAST RAY SHAW
Rakesh Bhasin remains in post as our treasurer having kept us solvent, Mark Troman our secretary, Diana remains training officer.

And Congratulations members-tonight you have just elected a BRILLIANT COMMITTEE
And best of all we have as incoming president- Greg Powell.
Those of you who voted through the new constitution without reading it may not have realised the change that any future Pres has to be called Greg.
I don’t know whether Greg Stewart will be feeling pleased or anxious….

All of the committee bring their ideas and enthusiasm, many contribute significant amounts of time. I salute you all. (Pictured below, committee dinner, January 20160

img_4052Toast- the LCCSA committee

President.
I had very little time to prepare for the role.
It took a while to get used to the idea.
Mrs F, however quickly become adjusted to the idea of being a president’s wife. It basically meant extra work for her when I was absent on LCCSA business. There is no recognition or reward for being the wife of a President, but she took that on without complaint, has never been anything other than supportive, and, being grounded, has reigned in some of my crazier ideas.
Those of you who know her know she is brilliant, and those who know us both know that she really is my better half.
Now she realises that my Presidency is over and we can spend more time together, she may be the only person wishing I had stayed on for another year.
Toast-the ex-President’s wife

It seems like only yesterday I was starting my criminal career at EFBW.
Heavyweight lawyers, Nigel Dean (now DJ Dean) John Lafferty (now HHJ) and LCCSA legend Paul Harris
And Howard Riddle.
HR was senior partner when I started my articles.
He taught us several important lessons and gave extremely helpful Advocacy tips.
Of course, back then we practised in a fully adversarial justice system, much of which has been eroded and sacrificed on the bonfire of expedience and speedy summary hearings. I don’t know who to blame for that…
Anyway, as you know Howard became a stipendiary Magistrate, and ended up as the “Chief Magistrate”, and throughout has remained a member of and friend to this Association. I am delighted that he has agreed to be our guest speaker tonight, and welcome him and Hilary to our AGM Dinner.
Speaking of advocacy, last year I spoke of a report then just published which criticised the experiences of non-lawyer participants at the Crown Court, making reference to the alienation of seeing barristers swishing about in gowns and wigs.
i had a bit of fun with that, and tried on a series of wigs to see what difference they may make…

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When this came out, a spirited defence of wiggery was then made by some at the bar- “dignity of the court” and “providing anonymity”.
I was told the wig “protects the identity of the advocate”

Really?!

Not much of a disguise is it?!
Imagine cross examining on ID in a case where the alleged robber was concealed only by a horsehair wig with curls!

Why stop at a wig to avoid recognition?
Why not wear a full mask?
How about -to be really contemporary-a Donald Trump mask, or even a “killer clown”mask?

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Killer Clowns-scary but comical, a bit tragic. Come to think of it, very definition of Chris Grayling.

Alternatively, if a mask is going too far and we stick to a wig, how about something more contemporary-a Donald Trump wig perhaps?

I’m just teasing our friends at the bar.
We have many friends at the crim bar, and I have enjoyed working with the CBA. It is so important that the two sides of the profession are united in tackling our current challenges.

We have had in the last year great support from certain chambers, and particularly 25 Bedford Row, 5 St.Andrews Hil, and Doughty st.

We have worked with the Justice Alliance and the CLFS.

We also thank Thomson Reuters for sponsoring tonight. LCCSA members are eligible for discounted copies of Archbold.

Toast: Friends of the Association

Review of the last year:-

In January we defeated Grayling’s two tier proposals
I met the Lord Chief Justice (wearing a Christmas jumper)
We are engaged in a War on touts, and busy Ghost-busting.
We had a great Autumn Conference in Ghent.

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We relaunched the London Advocate in digital format.

And, within the last month, we had an LCCSA victory on the “embarrassment clause” (forcing the LAA to rethink clause 2.2 aka the “gagging clause”. We were the only practitioner group named in the action that led to this, and can be rightly proud that we did not shy away from taking the fight directly to them.
(A full review of the year is in my President’s report, published on the LCCSA website)

Unfinished business
The postponed cut has not gone away-it was only postponed (to March)
We have to persuade the MoJ to abandon it, and we have to be ready to act if they do not.
And we will be ready.

We now have the measure of Liz Truss.
When our Senior Judges came under political and polemical attack, the lord Chancellor, whose oath of office is to support the independent Judiciary, has been found wanting.
Our association condemns the tabloid and political attacks on justice, and castigates the Secretary of State for Justice for her failure to swiftly support due process and the Rule of Law.

Well we have news for Liz Truss.
We are not gagged or trussed, and we will fight fearlessly for justice, for legal aid and for our member’s interests.

We are not the “Big Firms Group” or a small firms group, we are an accountable and united members group. You are the members. We are the LCCSA.

Conclusion
It has been a challenging but enjoyable year. have survived it only thanks to enormous help from a supportive and hard-working committee, whom I am proud to know as colleagues and happy to think of as friends.
Long live the Association

Members, thank you all for coming.
With your help and support the LCCSA has a strong future.
Final toast -the LCCSA

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Above-current ID card.                                               Above -LCCSA ID card circa 1989