Onafuwa: Continued refusal to acknowledge the system’s problems
Legal aid solicitors feel they have been “neglected the most and taken advantage of” in the years following the LASPO cuts, according to an academic study.
Dr Olubunmi Onafuwa, a senior lecturer in the department of law, justice and policy at the University of East London, argued that legal aid would continue to be a “disappearing phenomenon” unless the situation created by the cuts was remedied.
She said legal aid lawyers were “clear in their feelings on how they were treated”, despite their expertise and service over the years.
“Solicitors felt they had been neglected the most and taken advantage of because they were unable to engage in strike action due to their contractual obligations.
“Barristers talked about the backlash received from the public when they decided to go on strike, citing misconceptions that all barristers and solicitors earn substantial amounts of money.
“They argued that they have to constantly defend their positions and justify their protest actions. They believed that efforts to ensure they are paid in line with the work done had been swept under the carpet.
“They contended that a continued refusal to acknowledge the inherent problems that riddled the legal aid system would continue to undermine the integrity of the service.”
In her socio-legal study of the impact of legal aid cuts on service providers, published in the journal Legal Ethics, Dr Onafuwa examined vulnerability as it applied to legal aid providers, rather than clients, “because of the challenges they face” due to poor remuneration.
“Through underfunding, potential recipients of legal aid have lost faith in the judicial system and newly qualified legal aid lawyers are faced with financial barriers such as student loan debt and the lack of training opportunities after graduation,” she wrote.
“It means many legal aid practitioners will more than likely leave the public defence sector and transition to more financially rewarding areas of law, such as employment, corporate, or intellectual property law, further widening the gap.”
Lawyers she interviewed spoke of how the diminishing returns for legal work has affected their morale.
“They also shed light on how they came into the profession with high expectations of defending the needy, nevertheless many have left the profession because they could not afford or maintain a basic standard living on their pay.
“This is an increasing worry for the future of legal aid service providers especially those entering the profession.” A former legal aid barrister said: “I was forced to leave a profession I loved because I could not pay my rent”.
The “trickle-down effect” of LASPO cuts meant demand was going up while the number of providers shrank. “This also means, that service providers are forced to choose cases they believe will be worth their efforts in terms of hours required for the case and the payment of work rendered.”
On ‘discouragement’, Dr Onafuwa said the “main feature” was “failure to remunerate practitioners properly; something that has lingered for many years without improvement”.
A solicitor commented: “A lot of people do not have access to justice due to the cuts and it has also affected the morale of barristers and solicitors involved in legal aid work, so that’s why you see a lot of people taking themselves away from the franchise of legal aid.”
Another said: “It is very hard to earn a decent amount without overworking … you’re giving out your soul to your profession and to your clients.”
Many individuals were “opting out of litigation because they lack confidence in the institutions put in place to safeguard their rights and because they do not possess the tools required to bring a claim”.
Dr Onafuwa said service providers were aware of the need for governments to balance their budgets.
“Nevertheless, they argued that the legal aid provision must not be sacrificed as a result. They emphasised that access to legal aid is critical for a democratic and thriving society where service providers play significant roles that should not be ignored.”
The lawyers she spoke to were also very aware of the increased vulnerability of recipients since the LASPO cuts.
“These individuals’ fundamental rights to free legal representation have been compromised, and their needs have been neglected,” Dr Onafuwa said.
“The participants’ passion for justice was evident, and while many experienced professionals could leave the legal aid sector, their primary concern was for the recipients who would be left without essential and, in some cases, life-saving assistance.”
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