A SHORTER DRAFT OF MY RESPONSE TO MOJ CONSULTATION

KJH

Begin forwarded message:

From: Kate Hillier <chairmanmiaoworiginal1989>
Date: 2 June 2013 11:12:40 pm BST
To: Claire Hegarty <Hippychick52>, Kate Hillier <readerandwritergirl>, Kate Hillier All No But Iphone And Galaxy Note <chairmanmiaoworiginal1989>
Subject: A SHORTER DRAFT OF MY RESPONSE TO MOJ CONSULTATION

Transforming Legal Aid: Delivering a more credible and efficient system

Overview

ABOUT ME

I AM A NON LAWYER WHO IS PASSIONATE ABOUT JUSTICE WITH THE WISH TO THAT JUSTICE IS DONE AND SEEN TO BE DONE.

THIS IS AN ISSUE OF WHICH I AM INCREASINGLY ALARMED THE FUTURE HEALTH OF THE LEGAL SYSTEM AND OF LAWYERS IS BEING JETTISONED IN FAVOUR OF ILL THOUGHT OUT RUSHED POLICY PROPOSALS THAT HAVE ONLY IDEOLOGICAL GOALS IN MIND THAT TAKE NO ACCOUNT OF THE TRUE NEEDS OF THE LEGAL COMMUNITY AND OF THE LEGAL SYSTEM ITSELF.

AS FOR THE ‘CONSULTATION ’THE MOJ ‘CONSULTATION’ IS A SHAM PROCESS WHICH IS NOT WORTHY OF THE NAME ‘CONSULTATION’.HAD THE LEGAL COMMUNITY WITH IT’S ASSOCIATED LEGAL SYSTEM BEING CONSULTED THEN A WORTHY DOCUMENT WOULD HAVE RESULTS AND THE GOVERNMENT COULD GAIN PLAUDITS FOR ATTEMPTING TO DO A GOOD JOB WITH A MISSION CRITICAL AND KEY PROFESSION.

REHABILITATION OF PRISONERS AND PENAL POLICY

THE GOVERNMENT WISHING TO DENY LEGAL AID FOR TREATMENT ISSUES DENIES THE VALUE OF THE PENAL SYSTEM TO BE ABLE TO REHABILITATE THE PRISONERS TO THE BENEFIT OF THEMSELVES AND THE WIDER ECONOMY. WHAT GOOD IS IT FOR PRISONERS TO DO NOTHING ALL DAY? OR NOT HAVE THE SERVICES BE THEY SPECIALIST LEGAL CONSULTANCIES, SPECIALIST LAWYERS AND SO FORTH. DO YOU WISH TO ENCOURAGE RECIDIVISM?

THE PROPOSED INCOME EXCLUSIONS FOR LEGAL AID EXCLUDE TOO MANY PEOPLE ARE ARE BOTH I BELIEVE UNLAWFUL AND UNJUST

£12k AND £36K ARE FAR TOO LOW A FIGURES AND EXCLUDE SECTORS OF THE ELECTORATE THAT SHOULD BY RIGHT ACCESS IT, LEGAL AID IS INSTEAD BEING AWARDED TO MILLIONAIRES LIKE BLAIR WHO HAS MORE THAN SUFFICIENT INCOME TO FINANCE HIS OWN CASES,THIS IS GROSSLY UNFAIR.

ALLOCATING LEGAL AID ON THE BASIS OF A RESIDENCE TEST

THE RESIDENCE TEST DISCRIMINATES AGAINST CHILD TRAFFICKING CASES,DESTITUTE IMMIGRANTS WHO HAVE NO SOURCES OF INCOME IT IS ALSO TIME CONSUMING AND COSTLY TO RUN ADDING ADDITIONAL COSTS AND TIME ONTO ALREADY HARD PRESSED LAWYERS.

JUDICIAL REVIEW PROCEDURES WILL LIMIT ACCESS TO JR TO A WEALTHY TORY SUPPORTERS

DEPRIVING THE ORDINARY CITIZEN OF JR WILL MEAN THAT THE GOVERNMENT OF THE DAY DEEMS ITSELF AS BEYOND THE REALMS OF JUDICIAL SCRUTINY; THIS CANNOT BE ALLOWED TO HAPPEN YOU ACCUSE THE LEGAL PROFESSION OF EXCESSIVE COSTS AND BRINGING TRIVIAL CASES SPECIALIST LAW FIRMS ARE MORE THAN ABLE AND IN A POSITION TO JUDGE THE POSSIBLE VALIDITY OF A JR CASE, WEAK CASES WILL BE THROWN OUT AS A MATTER OF COURSE.BY IMPLICATION SO YOU ARE SAYING THAT THE GOVERNMENT HAS A RIGHT TO PLACE ITSELF BEYOND THE REALMS OF JUDICIAL SCRUTINY[BY THE PEOPLE] BECAUSE YOU SET THE MEANS OF ACCESS BY INCOME SO HIGH ONLY THE WEALTHY CAN BRING A CASE. IS THIS NOT ANOTHER EXAMPLE OF THE CONDEM GOVERNMENT ONLY GRANTING JR TO IT’S SUPPORTERS?

STOBART LAW TESCO LAW G4S LAW AND THE PROPOSED RADICAL DE-PROFESSIONALISATION OF LAW

THE STOBART LAW PROPOSALS ARE A SELL ‘EM HIGH PILE THEM CHEAP METHOD OF APPROACHING CRIMINAL JUSTICE.THE WEAKEST AND MOST VULNERABLE IN SOCIETY WHO ARE LEAST LIKELY TO BE ABLE TO DEFEND THEMSELVES

PCT WILL DESTROY THE CRIMINAL JUSTICE SYSTEM BY OFFLOADING CASES TO THE LOWEST BIDDER. G4S STOBART ETC WILL TO SAVE COSTS ADVOCATE GUILTY PLEAS THUS RISKING COUNTLESS MISCARRIAGES OF JUSTICE.THESE MISCARRIAGES OF JUSTICE WILL NEED TO GO TO APPEAL THUS INCREASING THE NET COSTS TO THE TAXPAYER.

THE LEGAL SYSTEM ALREADY HAS EFFICIENT MEANS OF COMPETITION A ‘FREE MARKET’ IF YOU LIKE WHICH IS MORE THAN USEFUL TO INSPIRE PRACTIONERS TO PUT IN THEIR HIGHEST MOST TIME CONSUMING EFFORT TO SERVE THEIR CLIENTS.LAWYERS ARE NOT ABLE TO WORK CONVENTIONAL 9-5 DAYS BECAUSE THEIR WORK COMMITMENTS MEAN THEY PUT IN HOURS AND HOURS OF WORK IN PREPARING AND RESEARCHING, GETTING EVIDENCE ETC. BECAUSE OF THIS HARD HARD WORK THEY ARE NOT REWARDED. THIS EATS INTO THEIR WORK-LIFE BALANCE, LOVE LIFE, FAMILY FRIENDS ETC.

OUTFITS LIKE STOBARTS LAW WILL MEAN A RADICAL DECREASE IN STANDARDS BECAUSE THE SOUND OPERATION OF LAW IS INCOMPATIBLE WITH THE PROFIT PRINCIPLE. HEALTHY AND GROWING LAW FIRMS FROM THE ONE PERSON OUTFIT TO THE MONSTER CORPORATIONS CREATE A HEALTHY DIVERSITY OF PRACTIONERS, ENCOURAGING PROBLEM SOLVING, CREATIVITY ETC. THE ONE SIZE FITS ALL APPROACH WILL DESTROY LONG ESTABLISHED NICHE FIRMS WITH HARD WON EXPERTISE. DO YOU REALLY WANT TO LOSE ALL THAT?

.

.

THE DEPROFESSIONALISATION OF THE LEGAL PROFESSION WILL CAUSE UNTOLD DAMAGE AND MULTIPLY BOTH COSTS AND PROBLEMS TO THE TAXPAYER

THE USE OF UNQUALIFIED AND INADEQUATELY QUALIFIED LAWYERS WHO ARE NOT[YET EQUIPPED] TO UNABLE TO HANDLE COMPLEX CASES WILL CAUSE MISCARRIAGES OF JUSTICE BRING HARM TO THE PROFESSION AND INTRODUCE UNNECESSARY COMPLEXITIES TO IT’S JURISPRUDENCE, MEANING MORE NON ESSENTIAL WORK FOR LAWYERS WHO ARE ALREADY UNDER PRESSURE, DEMORALISED, DUE TO FEES BEING CUT TO THE BONE, MEANING THE CRIMINAL BAR AND FRONTLINE SOLICITORS FIRMS ARE AT RISK FROM CLOSURE AS A ONE SIZE FIT ALL SWEEPS AWAY EXPERTISE, NICHE FIRMS ARE DESTROYED HARD WORKING PROFESSIONALS WHO ARE HIGHLY CONSCIENTIOUS AND COMMITTED TO THEIR JOBS WILL BE FORCED TO LIVE ON THE DOLE WITH ALL THE DESTRUCTIVE CONSEQUENCES THAT ENSUES.

THE THREAT TO THE TRIALS PROCESS WHICH IS BEING THREATENED BY PROPOSED CHANGES WILL MEAN THERE WILL NOT BE SUFFICIENT TIME TO GIVE THE PROPER ADVOCACY TO BRING THE TRIAL TO A PROPER CONCLUSION

TRIALS NEED THE REQUISITE TIME IT TAKES TO ARGUE A CASE TO IT’S LOGICAL CONCLUSION SO THAT THE RIGHT VERDICT IS REACHED, BY TAPERING TRIAL TIME YOU LIMIT THE TIME THAT IS NEEDED TO ADVOCATE PROPERLY ON THE DEFENCE AND PROSECUTION.BY FURTHER DEPRESSING COURT FEES SOLICITORS AND COUNSEL WILL BE MORE DEMORALISED AND DISINCENTIVISED TO ACTUALLY PERFORM THE NECESSARY TRIAL WORK THAT WILL SAVE THE GOVERNMENT MONEY. THE PROGRESSIVE EROSION OF ADVOCACY FEES MEANS LAWYERS ARE PAID NO MORE THAN A PLUMBER AND THE PROFESSION WHICH IS HIGHLY SPECIALIZED DEPENDENT OF EXPERTISE WILL BE LESS MOTIVATED TO ADVOCATE. ADVOCACY WHETHER OF DEFENCE OR PROSECUTION,JURISPRUDENTIAL ETC IS MISSION CRITICAL BOTH TO THE TRIAL PROCESS AND GENERAL LAW, ENSURING DUE PROCESS,THE RULE OF LAW AND ALL IMPORTANT JOB SATISFACTION AS THAT IS WHAT LAWYERS ARE IN IT ARE PAID TO DO!

LAWYER FEES HAVE ALREADY BEEN CUT TO THE BONE AND CAN TAKE NO MORE.

USING FEES AND FINANCIAL MECHANISMS TO DEPROFESSIONALISE THE PROFESSION AND THEIR ALLIED SUPPORT STAFF WILL FURTHER WEAKEN THE SYSTEM OF CRIMINAL JUSTICE THAT DEPENDS ON SOLID EVIDENCE AND RELEVANT PROCEDURE FROM APPROPRIATELY AND WORTHILY PAID PROFESSIONALS. IT IS A FALSE ECONOMY TO MAKE CUTS HERE AND SUGGESTS THE GOVERNMENT IS NOT COMMITTED TO PROVIDING THE WHEREWITHAL TO CONDUCT A PROPERLY MANAGED COURT PROCESS.

IMPACT ASSESSMENT WHAT IMPACT ASSESSMENT??!!!

NO EVIDENCE OF IMPACT ASSESSMENT. MARK GEORGE QC HAS BEEN REPEATEDLY REQUESTING TO MEET THE LORD CHANCELLOR TO DISCUSS THE CONSULTATION AND HAS BEEN REPEATEDLY REBUFFED. THE LEGAL PROFESSION IS WILLING TO DISCUSS TRIALLED TESTED AND AGREED WITH SAVINGS ON CONDITION OF DROPPING PCT.

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