Justice Minister Lord McNally: cutting costs in family law
Appearing at the Grange Holborn Hotel earlier this week, the Minister of State for Justice addressed the current state of the family justice system, as well as the government’s recent slashing of legal aid. Like the loyal government apparatchik he is, the Minister of course defended those cuts to the hilt.
“I recognise that there is concern over the impact that the removal from scope of private law matters will have on both individuals and the courts. But we must not lose sight of the fact that many disputes are – and have always been – settled away from the courts, often by the parties themselves, with the help of others within their communities or with the support of paid professionals such as mediators, litigators or arbitrators.”
Concerned about an unrepresented surge in litigants in person clogging up an already strained court system, just like Baroness Butler-Sloss, Sir Alan Ward and Lord Neuberger, President of the Supreme Court? Apparently there’s nothing to worry about!
“….litigants in person have always been present in significant numbers. In around half of all private family cases at least one party does not have a lawyer with them in court. Our small claims courts work very well on the premise that legal representation is the exception rather than the norm.”
So there you have it. Lawyers are a luxury. We can all relax. But wait – not too much!
“Unfortunately, the continuing fiscal challenges we are facing mean that we need to go further.”
Even more cuts on the way then?
Lord McNally is not a lawyer and his agenda is very clear: cutting costs.
He argues that condensing care cases down to the much discussed 26 weeks timetable (which many people regard as unattainable for large numbers of cases anyway) “logically” means less work by lawyers. In fact it will put more pressure on them and the amount of work will probably be the same but it will be needed in shorter periods of time.
The entire thrust of the Justice Minister’s speech is cutting costs. Never mind the fact that poorer people no longer have legal representation, can no longer to instruct the solicitor of their choice and go to court. Look instead to the Sorting Out Separation app, which offers only the most basic of information. Or charity!
“I welcome the fact that, already, a progressive and diverse range of services is springing up, recognising and matching with individuals’ differing needs, and helping them resolve their problems and navigate the legal system. Some are government funded, such as the Sorting Out Separation app; others are run on a voluntary basis; and others are commercial endeavours run by entrepreneurs who realise the need to provide bite sized support or fixed cost packages to suit the needs and pockets of their clients.”
“The arrival of Co-op legal services in the family advice market provides perhaps the most significant example of new players seeking to change and innovate.”
For ‘change and innovate’ read ‘offer cut-price, lowest common denominator services and try to see off the competition’.
But wait, there’s more! How about the bit where he appeals to the legal profession to abandon their principles for the good of the children?
“The reforms that we are undertaking will only succeed if you, the professionals on the ground, help us to take forward these changes and ensure that we all work with common purpose towards the same aim – that all children, whatever their background or start in life, have the opportunity to realise their potential and to succeed…..In particular, we have a fundamental responsibility to look out for the most vulnerable children in our society. Not only to protect their welfare, but to safeguard their interests and their future.”
In other words: ‘forget about the fact that poor people no longer have access to professional legal representation – it’s still your responsibility as lawyers to look after the children. This is nothing less than moral blackmail.
Photo by English PEN via Flickr under a Creative Commons licence
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Marilyn Stowe is the senior partner in Stowe Family Law, which has offices in Yorkshire, Cheshire and London. With more than 30 years’ experience handling divorce cases and family law proceedings she is regarded as one of the most formidable and sought after divorce lawyers in the UK. In 2012, Marilyn became one of the first solicitors to qualify as a family law arbitrator.
All persons mentioned in the scenarios are fictitious: details have been deliberately changed in order to protect identities and other confidential circumstances of my clients. All advice and information on this blog including posts written by guest authors, is given only as a general guide to the operation of the law on the date of publication. Readers must place no reliance whatsoever on the content of this blog and must always obtain their own legal advice. Marilyn Stowe, Stowe Family Law LLP and guest authors accept no liability whatsoever arising as a result of reliance upon its content.
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