UNITED WE STAND, DIVIDED…

Written by admin
October 25th, 2018

UNITED WE STAND, DIVIDED WE FALL!  It could be the hook line of a 1960’s chart hit.  It could be the slogan of any number of Trade Unions.  It could be part of the anthem of any number of variously successful football teams.  In truth, it is a fair synopsis of the early summer negotiations with the MOJ in relation to advocates graduated fees.

How clearly we remember the rallying cry for HCAs & Counsel to stand together in refusing new work with rep orders dated after the 1st April.  How clearly we remember the confident assurances of the Bar that if we “stood shoulder to shoulder” we would be unstoppable.  How fervently the Bar leaders applaud us to work with them for the same goals? And now what?

What was it that the arch negotiators of the Inns of Court were able to achieve? A £15m boast – derisory in itself – that in fact was worth less than £10m by the time that inflation had eaten into it, VAT had been removed and some more astute calculations had been worked through.  A 1% increase, which turned out to be less than almost anybody else in the public sector was due to get in 2019.  Adjustments that we are going to need, not only a consultation but also a statutory instrument.  As autumn presses forward, the consultation is extended further into the future.  The statutory instrument is unlikely to find its way before Parliament until the start of the New Year.

And so, why the heading to this piece?  What is all this talk about unity and division?  It is simply this! All of the negotiating regarding changes to the hated and diabolical AGFS alterations were carried out by members of the Bar.  That’s right, not solicitors, not solicitors and barristers working hand in hand, but members of the Bar.

Of course, when it came to taking action solicitors were right there not so much side by side as leading the charge.  They were easily identifiable.  They were from named firms.  They could be reported to the SRA.  They weren’t able to hide behind their clerks or their individual choices as self-employed professionals.  When, however, it came to sitting at the negotiating table, having meetings in smoked filled rooms, stalking the corridors of power, only one half of the profession were present.  There was no unity.  There was no sense of being “united”.  And now, viewed from the autumn end of the telescope it can only be concluded that those who chose to go into battle alone did indeed fall divided and unsuccessful.

Were the representatives of the solicitors half the profession in some way frightened?  Was there an unexpected timidity on their part?  Were they too busy looking after their members’ interests in the teeth of a ferocious SRA, stoked up by members of the judiciary who themselves came from the ranks of the Bar?  No, none of the above were true.  They simply weren’t invited.  The Bar simply chose to have covert cosy meetings with the MOJ without us.

What then for the future?  As new calls ring out for strike action, refusing new work, no returns!  The solicitors have to consider whether they should again go through the humiliating sham of being called to arms only to be left in the slit trenches; or whether they should simply say from the start that the only ally is one that you can trust and with the benefit of experience, there really don’t seem to be many of them around!

Tags: , , , , , , , , , , , , ,

Categories: Uncategorized

Live Chat