E Sanderson has highlighted the frustration and problems that many members of the public (and their solicitors) experience when trying to take on the might and intransigence of powerful institutions and businesses such as insurance companies, health authorities, employers, and even government departments or agencies.
It is understandable that they want to strike out in anger at the easiest target, their own legal advisors.
The Law Society is fighting to ensure that such people have easy access to good quality, affordable legal advice, and the right to choose their own solicitor.
There are four reasons why the Access to Justice Bill will deny them access and deny them justice.
1. The Legal Aid system needs proper government funding, not capping. The Government is required to grant money for legal aid to defendants as part of human rights. It could mean that there is no money left over for other types of important cases. Good news for shoddy employers, bad landlords, violent partners or prejudiced police - but bad news for ordinary people on low incomes who will have no way of fighting back.
2. People will not be able to take cases if they cannot afford or get insurance. The Government is taking away legal aid for accident/injury cases. This means that most people will not be able to take a case without legal insurance. But the insurance industry will only take on straight-forward cases that have a good chance of winning.
3. People might not have access to legal help or be able to choose their solicitor. There will be a much smaller number of firms offering Legal Aid services. This means that in rural areas people might have to travel long distances to get the help they need. It also means that they could have difficulty if they wanted to consult a solicitor of their own gender (say in a domestic violence case) or of their own ethnicity.
4. Everyone has a right to be treated fairly. The Government says it wants to be fair and equal to everyone. Government departments are supposed to check on how new policies would affect people. The Access to Justice Bill will have these effects.
The Bill needs safeguards to ensure that it is fair for everyone.
David K Sharples, Regional
Secretary - North West
The Law Society, PO Box 200,
Preston PR1 3LW
Converted for the new archive on 14 July 2000. Some images and formatting may have been lost in the conversion.
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