It’s good that the CBA has published an article by Simon Csoka QC about why we should take action. These are important decisions: both sides need to be heard.
I have read the piece with care. I believe it is inaccurate and weakly argued. If you click on the link below, you will see the piece and my comments. Please feel free to make up you own mind. And, whichever way you go, please vote.
There is no question but that the cuts will hurt solicitors and that they are unfair. I do not believe that the solicitors will go bust – if that were true, no one would have bid for a contract that cannot make them a living. It’s a shame the case was overstated, and it doesn’t help (when does it ever?). But the essential point is right.
The question is what we should do. What do we gain from action? Will your Solicitors survive and be grateful? Will that mean they send you more work? Are firms who do not brief you going to start briefing you?
What do we lose from action? Will the MoJ withdraw from what is currently the most active and positive engagement with us in a generation? Will it impose the cuts we successfully avoided last time? Will it impose OCOF? What affect would that have on your practice?
What does the future hold? The Big Firms Group will compete with the Bar (Tuckers are absolutely up front about that). Will they take your work? Will they brief you? How are we best placed t
o compete against them? Do the answers to those questions affect you if your small firm clients survive? How are they likely to affect you in, say, 5 years time.
I am not giving answers because – as I hope the above list makes perfectly clear – it is an individual decision. You may wish to take the interests of others in your Chambers – or even outside – into account, but the decision is yours. Chambers where those individual decisions have occurred in lockstep, have far more tightly focussed criminal teams than any of the 3 sets of which I have been a member.
But either way, publishing a group decision isn’t, in my book, about helping anyone decide. It’s about proclaiming publicly that the ‘right’ decision (whatever that is) has been taken. As to which, in my view, the better counsel is ‘do right and fear no one’.