CDS News

We have launched the exclusive panel of solicitors and the panel of barristers who will be given first option on defence work in new high cost criminal cases.

Background

To ensure best quality and best value for the most expensive criminal legal aid cases we ran a tender where teams of solicitor firms and barristers were asked to bid to be on the ‘Panel’ who could undertake this work.

After that bid round, which assessed the experience of the legal teams as well as the pay rates they tendered, the LSC offered contracts to 330 solicitor firms and 2,300 barristers.

However, due to the low numbers of barristers who signed their contracts following their bids the LSC consulted on and made changes to the contracts to allow for the use of Non-Panel Advocates. The MoJ similarly consulted on a revised funding order permitting the use of Non-Panel Advocates.

The current position

Director of High Cost Case Contracting David Keegan said:

“The total number of advocates who have accepted the new contracts has risen from 156 to 203. While the number of solicitor firms rose from around 300 to 326.

“More solicitor advocates in particular will now have a chance to take on high cost criminal work. The number of solicitor advocates who have accepted our contracts has risen from 26 to 93.”

Advocates on the Very High Cost Case Panel will be offered the opportunity to undertake some of the most high profile and highest paid criminal cases.

A Funding Order amendment has been laid in Parliament to enable solicitors firms to use non-panel advocates if no panel advocates are available.

Solicitors firms will be able to negotiate directly with advocates to set their fees. However, the LSC will only pay for non-panel advocacy services at the same rate as finalised by the tender process.

David Keegan continued:

“The LSC expects barristers who did not sign contracts will nonetheless regard the opportunity of taking on individual contracts for work totalling £50m as very worthwhile.”

For more information

Visit the Very High Cost Case Contracts page for:

• letters sent to the Law Society and Bar Council
• contract information
• details of the panel (to be published 3 Apr 08).