Anyone got any thoughts or insight into either of these two issues?

The first is one we have encountered before but has not in our experience been resolved. Our clients have submitted a Claim 1A for their fees in an ongoing care case where LA has been transferred (they get 50% of the grad fee). They also claimed their share of a residential assessment ordered by the Judge - The LSC have refused to pay. Another client of ours came close to testing this in a case however the LA eventually shouldered the costs so the LA regs never came under close scrutiny.

The second involves a legally aided (green form) client going through mediation regarding family finances. The private paying other-side has issued proceedings, despite mediation being ongoing, and consequently our clients application was initially refused. Liverpool have subsequently granted a certificate, on an exemption. Is such a tactical gambit on the part of the o/s acceptable? Surely it indicates bad faith with regard to the mediation process? We want to mediate to avoid proceedings and the stat. charge this has now been frustrated.

Sorry it has been thin here recently - mid summer lull but without summery weather. I am also involved in house training a new dog and band practice has just intensified with a last minute change in line up - we now have a sax player!

Some new stuff above to ponder though.

You might think this is a bit corny but it was the first thing which came to mind after read in the MoJ consultation referred to below.

"Firms continue to be asked to do more and more for less and less Funding. With increasing cuts in the budget we have concerns about the impact on quality and on the financial viability of those delivering criminal legal services. This seems to be a further cost cutting exercise in areas over which defence lawyers have no control. Suggesting over-use of the Duty Solicitor Scheme may seem disingenuous when usage is determined by the police arrest rate."

So says LAPG Chair Roy Morgan in response to this from the MoJ.

It is the announcement I anticipated last week and involves the reduction of PACE standard fees (roughly by 11% in above average cost areas), fees relating to work on Committal bundles and payments to experts. So no to BVT (with all the costs of lining this project up) and a return to the "administrative setting of rates".

I have just had an interesting chat with a local firm about the "future of Legal Aid". They have been invited to a high level disussion opn the subject in the not too distant future. The paradox for discussion, unresolvable in my humble opinion, is how to meet increasing demand within the existing budget.

We will pass on any responses received.

Don't like the artist at all - but love this Tom Waits song and to be fair he covers it well (heard him do it at the Brits years ago and he was the only live performer of any note). It came up on i Tunes shuffle so here it is -

Civil costs drafting clients of ours will be aware that Eve is currently on maternity leave. You will also be keen to hear that she had twin boys this morning all 3 doing fine. She returns to work on Monday (joke). I'm sure you will want to join with us in wishing the new, double sized, Sperring family all the best.

Despite the Commission's retreat from Peer Review it continues occupy and important place in our working lives. We currently have a couple of improvement projects on the go, have seen some good recent results from client firms and have an appeal just gone and one about to come in. We have another supplier nervously awaiting their second, critical review too.

I still feel that this process was a waste of money - most findings are for failures against "service standards", which a half-decent lay auditor could spot. Mind you the LSC have denuded their audit resource in recent years to preclude this as an option. So if you have had the dubious pleasure of hearing me train on the subject don't give up on those key messages.

The LSC have expanded upon their decision to postpone Civil Bid Rounds for 2010 Civil Contracts until "late 2009 or early 2010". It also confirms that Generic CDS Contracts and the BVT "Pilot" will take place in October this year.

This phrase caught my eye however:

"By postponing the bid rounds, the LSC will also be able to ensure, together with the Ministry of Justice (MoJ), that the final policy on harmonising the fees paid to family solicitors and barristers are robust and can be introduced with the new civil legal aid contracts in October 2010".

Along side this the procurement plans are being drip fed to an eager profession.

Do you do your firms LF1s claims? If so you should download and read this.

Some increases in the standard fees and a new claim for post sentence hearings though Anon's point on the special prep. fees on large PPE cases is taken on board.

I took a cheeky day off yesterday hence lack of a post here. That said summer slowdown seem to have crept in with very little of note happening. This might change later in the week however and we have scheduled a Webinar which is flexible should there be any interesting developments to report upon:

"Where Next for Legal Aid?"

Has the barrage of consultations, proposals, counter proposals and retracted timetables left you confused about the LSC's plans for the future of Legal Aid? This course aims to clear the fog surrounding BVT, Civil Procurement, Peer Review and "Franchising". In particular we will have a look at how firms can use the extra time available to prepare for what ever procurement strategies finally emerge.

Here is a booking form. - or just pick up the phone.

Here is another one we are working on a cover of - with hopefully someone doing the the Eliza Carthy part. (Did he get fined for smoking again I wonder?)

Some time ago we were peripherally involved in a bid to become an LSC training provider (I did point out that our involvement might not "enhance" the bid at the outset). The courses tendered for involved a range of "Provider Readiness" modules designed to assist with the planned Civil and CDs bid rounds. All went quiet with a suggestion that the Commission had decided it was not its role to provide such support to the profession.

They have seemingly revised this plan and lucky punters will be able to undertake 2.5 days of such training face-to-face in Manchester and Bristol this coming Autumn.

Friday's "bombshell", has caused a number of phone calls of the "it is really true" variety. It has also given us the topic of one of this months 4 scheduled webinars. I am not rushing to answer the question "Where now for Legal Aid?" this Friday - rather I am waiting a week in case there are further developments!

This Friday is going to be an attempt to encourage best practice regarding File Review and later in the month Jane Hucknall is going to offer some practical suggestions to assist with Staff Motivation. The 4th topic is the thorny one of Profitability under the Standard Fee regime.

The full flyer can by downloaded here as can a booking form.