THE government agency that handles billions of pounds worth of legal aid is facing a courtroom showdown with the Law Society.
The solicitors’ professional body has threatened to drag the Legal Services Commission (LSC) to court over controversial plans to introduce “best-value” tendering for legal aid contracts.
The LSC had hoped to start tendering for work in police stations and magistrates’ courts from as early as January, 2011.
But ministers were forced to postpone the scheme’s introduction until at least 2013 amid criticism it was being rushed through.
Solicitors’ firms across Merseyside have attacked the proposals, which would force firms to bid for blocks of work with the lowest bidder succeeding.
Opponents of the scheme claim it will drastically reduce the number of criminal legal aid firms in the market by slashing costs and favouring large firms who benefit from economies of scale. They also fear the tendering process will not be transparent.
Rex Makin, senior partner of E Rex Makin and Co, and the UK’s longest-running legal aid practitioner, told LDP Legal he feared the scheme could force cash-strapped defendants to fend for themselves. He said: “The state of the Legal Services Commission’s behaviour and general attitude has become intolerable.
“Ordinary legal aid practices are inhibited from doing their work properly and we are being paid the rate of sewerage workers. Firms are going to the wall.
“The handling of the legal aid criminal contracts is as incompetent as ordering Chinooks that will take four years to arrive, for the war in Afghanistan today.”
The Law Society said it will, if necessary, serve a letter before action next week.
Law Society chief executive, Des Hudson, said: “The society has campaigned against this tendering scheme from its infancy and has won some concessions, but it is clear the system the LSC has in mind is not fit for purpose.
“Taking legal action may become necessary to ensure our concerns, which reflect our members’ concerns, are met.”
He described the LSC’s tender contract documents as “impossible, flawed and complex”.
But Legal Services Commission policy director Derek Hill said: “We are disappointed The Law Society are considering taking this action.
“We are happy to discuss any concerns they have about the documentation for our plan to introduce best value tendering, but it is unclear what they are. We will seek clarification from them.”
