Legal aid solicitors specialising in criminal law are being reminded by The Law Society of England and Wales that they are able to exercise discretion when accepting cases if the work threatens the viability of their firm.

James Parry, chair of the Law Society criminal law committee, said: “The aim of this practice note is to remind solicitors handling criminal law cases that only duty work is obligatory, and all other work may be refused on the grounds that it is uneconomical.”

Remuneration rates for criminal legal aid work have not been increased since 1998, thus viability of firms are under threat.

James Parry added: “The reduction in funding for criminal legal aid work has created a situation where many solicitors are increasingly required to undertake work that is unremunerated or carried out at a loss. This presents a serious tension between continuing to undertake legally aided work and obligations to provide a proper standard of service to their clients or to conduct business in a financially sustainable manner. As a result, firms must carefully consider each instruction, in particular as to whether to accept or refuse such instructions will be contrary to their professional obligations.

“Many solicitors’ practices undertaking this vital work in communities around the country are struggling to survive. Persistent cuts to rates can create a situation for providers where work cannot be carried out to the requisite professional standards without undermining the financial stability of providers.

“We recognised that solicitors need help in identifying circumstances which may warrant a refusal to undertake legal aid work and in doing so to ensure compliance with the Solicitors Regulation Authority’s Code of Conduct. This new practice note sets out the situation as it exists under the contract.” View the practice note.