The Gazette 1967/71
fees earned on cases in the Supreme Court and House of Lords (Legal Aid and Advice report for 1968-69, HC Paper no 283 of 1970, p 3, para 11). In present circumstances, would it not be appro priate for the legal profession to receive full scale fees for their work in these cases? Lord Chancellor: I believe last year the pro fession contributed £466,000. The reduction from the year before is no doubt due to the transfer of undefended divorces to the county court, where, of course, costs and fees are paid in full. The other side of the picture is that, excluding dis bursements, practically £10|m. was paid out of the legal aid fund to solicitors and counsel last year. The Rushcliffe Committee recommended a re duction of 15 per cent, (now reduced to 10 per cent.) because they thought it appropriate to maintain the long charitable tradition of the pro fession towards those who could not afford to liti gate on their own. In addition to this consideration it must be remembered that there are no bad debts from the legal aid fund and bills are promptly paid. Taking the rough with the smooth, I do not think that a serious case can be made out that the legal aid scheme has not benefited the legal profession in either of its two main branches. I see no reluctance on the part of young barristers or solicitors to participate in it. Editor: (d) Do you consider that it would be in the public interest for greater publicity to be given to the Legal Aid and Advice Schemes? Lord Chancellor: In their report on the better provision of legal advice and assistance, the Legal Aid Advisory Committee strongly urged that these facilities should be more widely dissemin ated. T agree with their view. They also recom mended that there should be research into the reasons why people were not now getting the assistance they needed and as you know, the Nuffield Foundation have now made a most gen erous grant for this purpose. I hope that the re search they have sponsored will find a way of bringing these schemes home to people and of getting them to make more use of them. The general question of public awareness of the avail ability of social benefit is under active consider ation by the present Government, and my depart ment is participating in this exercise. Editor: (e) You sent a welcoming message to
the North Kensington Neighbourhood Law Centre on its starting in July. Would you encourage the opening of more such centres? Lord Chancellor: Yes. Law and social services Editor: 3 (a) Would you favour newly qualified lawyers spending a period of up to, say, three years doing legal work with a social service con tent, such as assisting at legal advice centres, per haps carrying out some duties at prisons, borstals and detention centres, helping with court adminis tration, and research projects of the Law Com mission? Lord Chancellor: I spent some time myself doing exactly this but it would be impracticable and undesirable to make it a compulsory require ment. Some young lawyers have always interested themselves in legal advice schemes and will no doubt continue to do so; and the Law Commis sion has from its foundation made a practice of recruiting from time to time, recent law graduates for a year or two before they enter on their main careers. Both these activities are beneficial and to be encouraged. The other suggestions are rather more speculative. Many people would certainly agree that legal education should include the element of introduction to the 'social service' aspects of law, and no doubt it will increasingly do so in the future. Editor: (b~) Would it be a good idea for an additional Id. to be added to the weekly national insurance contribution in order to entitle con tributors to legal assistance in pursuing claims with the Departments concerned, or on appeal before tribunals, bearing in mind that some of these claims are of much greater substance to the claimant, relatively or absolutely, than that of many disputes argued before the county courts? Lord Chancellor: I do not think this is a matter on which I can comment at present. Entitlement to benefit through national insurance irrespective of means or merits may be appropriate to some thing like the Health Service. But entitlement to legal assistance requires a somewhat different set of considerations and the need for it in pur suing claims before particular tribunals will in 191
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