8 years in prison later, is this good value for the hardworking taxpayer?

Simon Spence QC of Red Lion Court Chambers has reported that a man given an Indeterminate Sentence for Public Protection (IPP) with a minimum of 4 years in custody has been in prison for 12 years because the facility in which he has been detained does not provide the rehabilitation courses that are required as a condition of his release.

The revelation comes as the scope of legal aid available to prisoners has been severely restricted in recent cuts by the Justice Department. With prisoners now unable to access legal aid for most prison matters, we can expect to see many more such inefficiencies in our prison system.

The cuts to legal aid are a false economy. Though they reduce short term-expenditure, legal aid cuts are creating secondary costs elsewhere in the Government budget. It costs the Treasury around £40,000 per year in order to keep a category B prisoner detained.  If appropriate action had been taken in the above case, the Treasury could have potentially saved around £320,000; taxpayers’ money that would likely have been better spent elsewhere.

First, we can reduce the sometimes unnecessarily long terms of some IPP prisoners. A decision to retain an IPP prisoner in custody can be made with the stroke of a pen on the basis of scant evidence. This means that rehabilitated offenders could be detained for far longer than is necessary, increasing costs and putting further strains on our Prison Service. By restoring prisoners’ access to legal aid, such arbitrary and detrimental decisions are challenged when they occur.

Second, we can ensure that the Prison Service provides appropriate rehabilitation courses to IPP prisoners so that they have the opportunity to be released when their custodial tariff is completed. Ensuring that prisoners are rehabilitated and therefore less likely to offend, will further reduce costs elsewhere in the justice system, as well as in policing costs.

The government’s policy of cutting legal aid will not help it achieve its aims of deficit reduction. It will also have the less quantifiable cost of restricting access to justice to some of the most vulnerable. Even convicted offenders need the protection of our justice system. This is a potentially grave cost that returns very little benefit to the taxpayer.

- The views of members of Wainwright & Cummins’ Prison Law Department do not necessarily reflect those of the firm or the partners

The London Legal Walk

Monday 19 May at 5.30pm, Royal Courts of Justice

On Monday, 19 May, team Wainwright & Cummins will be taking part in the London Legal Walk for the fourth year in a row.

The London Legal Walk is a 10K sponsored walk that aims to raise funds for charities that provide free legal advice. With recent substantial cuts to legal aid, ever-increasing numbers are unable to obtain legal representation and left to fend for themselves. This makes the work of legal advice charities absolutely vital – and they need all the support they can get.

Please help the cause of providing free legal advice to those who need it by clicking here and sponsoring us for the walk. Our goal is to raise at least £1000 this year and your support will be greatly appreciated.

Better still, come and join us on the walk and help raise money for this very good cause!!

Please contact Danielle Reid if you require any further information or would like to join the Wainwright & Cummins team.

                         Wainwright & Cummins at the London Legal Walk, 2013

Housing - A fight against a claim for possession

Recently I came back from work quite late and found an e-mail from my client, who is facing a claim for possession, telling me that she had come back to her flat, found her belongings in the basement outside and the locks changed. The next day I went to the office early and drafted an application for re-instatement as well as a draft witness statement for the client.

We met at court. Unfortunately the court was down one judge. The single judge at court had his own list and then the list of the other judge to deal with. He had 5 summary trials to hear that day. After issuing the application in the court office we had to wait for the one available judge to look at the application, and when he did the court officer informed us that the case would be listed for the next day at 2.30pm, to allow time for service upon the landlord.

We left the court and I returned to the office to draft a letter of service which I then took round by hand to the registered address of the landlord, which is a limited company, without fax number or e mail. On the next day we attended court and obtained an order of re-instatement against the landlord, as well as an injunction, with the issue of damages adjourned to another date and costs summarily assessed at £3200.

The client is back home and the landlord's director a chastened man.

--Sebastian Peattie is a Solicitor in the Housing Department at Wainwright & Cummins

Book Club - The Blind Assassin, by Margaret Atwood

In March the Wainwright & Cummins Book Club discussed Margaret Atwood’s Booker Prize-winning novel, The Blind Assassin. 

Ms Atwood’s voluminous work followed two young heiresses who begin to face difficult times as they get older and the inter-war depression set in.

The merits (and demerits) of the book were analysed over nibbles and drinks, with members giving the book an average rating of 4/10 – rather low for a Booker Prize-winning novel.

The next book club event is 25th April, when we will discuss The Patience Stone by Atik Rahimi. See you there!

Legal Aid Action – Update

As you may be aware, we have taken action in response to the recent cuts to criminal legal aid and the further cuts due next year. Please see our announcement here.

The Government has so far failed to recognise the vital role that small businesses play in bolstering the Economy. Imposing further legal aid cuts at a time when overheads continue to rise is catastrophic for small firms and undoubtedly will have an impact upon the public accessing Justice. 

We are grateful to our Regional colleagues for the great leadership they have shown in temporarily putting their immediate interests aside in an attempt to encourage dialogue with the Justice Secretary. We hold a similar aim. However we accept that London is a vastly different climate and recognise that the economic conditions here are dire.

As a result, we are presently suspending our adoption of The Crown Court protocol. This suspension will continue pending further discussion with our colleagues in London and will be reviewed regularly.

We thank our Clients and our Staff for the support they have shown over the last 10 days.    

A Threat to Basic Human Rights

Charlotte Image argues that Catholics should join the fight against legal aid cuts in Justice Magazine. 

Please follow the link below to Charlotte's article, "A threat to basic human rights".

http://www.justicemagazine.org/jm/index.php/read-the-magazine

Charlotte Image is an associate in the Family Law Department at Wainwright & Cummins.

French Legal Training - Across the Channel

By Corentin Dolivet

Training as a Lawyer in France
In order to become a lawyer (avocat) in France, one must:

• Study law for at least four years;
• Pass the CRFPA exam, in order to enter one of the 15 Avocats’ French schools;
• Attend one semester of professional training, including ethics’ courses and management classes;
• Take a one semester internship related to Law but not within a practice;
• Take a one semester internship in a practice;
• Pass the final test; and finally
• Register in one of the Courts of Appeal of France as a practicing avocat

And Voila!

Training Across the English Channel
As a trainee lawyer, I was given the opportunity to take my final internship in another Member State of the European Union - in my case, the UK. This allows me to experience the way our work is carried on in another country under a different set of rules, proceedings, influenced by different cultures and backgrounds and facing different problems.

Those were precisely the barriers I was afraid I would not to be able to traverse; however, London-based Wainwright & Cummins Solicitors LLP has given me the opportunity to experience those differences within its Family Law Department for approximately one month so far. Now is a good time to evaluate my experience!

Culture and Language
You will already be aware that France and England do not share the same legal system. These countries rely on very different legal legacies and cultures, namely civil law and common law. Even though the European Union tends to harmonise some of our proceedings, the gap remains palpable in the very way the law is created, applied and enforced.

Fundamental principles appear very similar when considered broadly; however, the systems run on different logics. And how could it be different, given two thousand years of history: a legal system is nothing but an acceptance of rules by a given population, transmitted from one generation to another.

My training in England takes me to many legal institutions. These visits make me even more aware of the differences with the French system. To give you a few examples:

• In criminal proceedings in England, a statement bears significant weight, whereas in France, parties are not expected to make any oath, since it is one of the fundamental rights for the accused not to incriminate themselves;
• In France, civil trials and family matters are often dealt in chambers or in short hearings, without hearing any testimonies except the submissions of the Avocats;
• In England, it is possible for a civil court to hold Fact and Findings Hearings, in order to assess the probability of events for the purpose of the proceedings; whereas in France, judges rely on the facts gathered and presented by the parties for one part, and on the rules of admissibility, presumptions and proof; and
• It is possible for a judge in England to give their judgment "on the chair", unlike in France, where the judgment in civil proceedings can sometimes be given weeks afterwards, even sometimes by simply leaving it for the parties at the Court.

These customs, rules and practices form a new language of its own. Each element (I have chosen the list of elements on purpose) is linked to the other and is logically devoid of any sense when taken on its own.

I now believe that it would have been impossible to understand and embrace the English legal system looking at it piece by piece. For the English legal system to demonstrate its logic, it is necessary to experience it as a whole, to understand the subtleties each piece holds in the English language as well.

Wainwright and Cummins Solicitors
I had the pleasure to meet most of the solicitors working within the office, and currently work in the Family Department, which focuses primarily on Public Law Children cases. My experience in that field was limited to the opposing side of this practice, as I previously worked and studied alongside the future French magistrates.

In France, specific judges focus on children’s matters, whether the matter is civil (endangered children) or criminal (delinquent children). These judges handle all cases related to minors as it is accepted that children committing crimes are to be treated as endangered, with the aim being to rehabilitate them as much cases as possible. These judges carry a very proactive role, instructing and judging at the same time, leaving less room for the avocat to intervene. Still, local barreau are adapting and avocats have started specialising in defending minors’ interests.

I have had the opportunity at Wainwright & Cummins to witness the crucial role solicitors have during proceedings. My experience is an invaluable asset to build upon in the future if I am to continue practicing Family Law.

In France, solicitors would never have the power to agree the schedule, timetable and court orders for the best interests of the parties. Even though contested hearings remain frequent, focusing only on the points solicitors were not able to agree is essential, as is constantly keeping in mind the best interests of the child.

Being able to understand and witness the activity of the solicitor in detail was all thanks to the limitless patience and teaching skills of the members of the Family department at Wainwright & Cummins, who have allowed me to assist them in cases and attend to as many hearings as possible. They made me aware of the particular bond of trust that Family matters are likely to create between solicitors and their clients and relatives.

The Split Profession
Among the many mysteries of the English legal profession is the split between barristers and solicitors. It is interesting to note that in France, there remains a controversial split in the management of properties and authenticating legal instruments, carried out by the Notaires. However, apart of those specific fields of practice, in recent decades the numerous legal professions (Avoués, Agrées près les Tribunaux de commerce, Conseils juridiques) in France have merged into the now massive order of the Avocats.

The avocat in France is expected to meet clients, receive instructions, build up their case, prepare trials and advocate in court. It is therefore theoretically possible for an avocat to manage and handle a case from beginning to end, and that is the daily reality of most general practitioners who choose to focus on advocacy itself.

Even in France most avocats will specialise and therefore more or less take the role of either a
barrister or a solicitor, allowing lawyers in England to sharpen their skills far more efficiently, the main differences lie in the relationship those two professions establish with their clients. Clients do not expect the same advice, the same skills, as lawyers are expected to handle different matters. This brings us back to the issue of trust.

The Client-Lawyer Relationship
Trust is everything, and clients are entitled to be one hundred percent confident the lawyer they will entrust with their cases will defend their best interests. Communication is therefore fundamental, as advocacy is founded on premise that there is a prior understanding between a client and lawyer for the submissions presented to be as accurate as possible.

I will take the five months left of my placement at Wainwright & Cummins Solicitors to build on that asset and embrace as much as I can of both English and French legal traditions and languages in order to eventually handle cases across borders, aware of the fact families are now more likely than ever to have interests in several countries.

Action Against Legal Aid Cuts: Client Notice

The criminal defence profession is under the largest threat that it has faced, in its history. The Ministry of justice, has already imposed an 8.5% cut to the criminal legal aid budget for solicitors, and proposes a second tranche of cuts after the next general election. The effect will be devastating to  defence practices, which in turn is likely to close around two thirds of the firms in the UK. As a result, we as a profession have had to make our voices heard. You may have seen on the news both barristers and solicitors, staging large scale “walk-outs” from Courts across the country. This is the very tip of the actions the profession are taking, in order to preserve justice for all.

Faced with the first round of cuts, we have been tasked with making very difficult decisions in order to make our voices heard in the echoing corridors of the Ministry. We have decided to join many other firms across the country, in not applying for legal aid in the Crown Court, as of 7th April 2014. To us this feels extremely counter-intuitive. We as a firm, have been protecting the rights of individuals for over 25 years. We believe in quality representation for all our clients, no matter what their bank balance reads. So, we must regain the attention of Chris Grayling (the justice secretary) and entice him back to the negotiating table in relation to these supposed “reforms”.

This is a drastic step on the part of each and every firm, and  will be kept under review by each participating practice for the duration of the intended  6 week period of action.

We will do all that we can to support you, as a  valued client, in this challenging time so that we can be back standing beside you in the Crown Court, protecting your rights as soon as we possibly can.  Please bear with us, and  understand that we are fighting for your futures as well as our own.

Uncertain Times for Legal Aid Lawyers

Legal aid is about justice. Justice for all; not only for those who can afford to pay privately for the best lawyers in the business.

Law firms that provide legal assistance to clients who qualify for legal aid are staffed by people who value justice more than money -- legal aid work never paid anywhere near as well as commercial or private client work. But just like all hard-working taxpayers, those who dedicate their lives to seeking justice for those not wealthy enough to afford it on their own still need jobs, somewhere to live, clothes on their backs and food on their tables.

After a decade of continued cuts to legal aid, the Secretary of State for Justice, Chris Grayling, has decided that the time is right to make still further cuts to criminal legal aid. Mr Grayling intends to cut the rates of criminal solicitors by another 17.5%. Cuts to legal aid have already been putting law firms out of business and average people out of work, while those seeking legal help end up getting poorer representation from unqualified representatives.

This is the experience of one of Wainwright & Cummins’ criminal legal aid solicitors -Clea Topolski - who got into legal aid work for all the right reasons, but finds herself questioning whether her family can withstand another cut so that she can continue to stand up for people who cannot afford to pay for a lawyer.

Uncertain Times

In September 2003, I was a placement paralegal/outdoor clerk at one of the top-ranked Legal 500 firms. I remember sitting in the principal partner’s office and sweating as he poured over my first piece of “legal drafting”. I had 6 months to prove my worth, in the hope that when I finally came to look for that coveted training contract, he would recognise my name amidst the hundreds of CVs that came through his letterbox.

I sat there as his red pen decorated the page, and remembered those dreaded maths lessons that always tied me up in knots with anxiety. He looked over his glasses at me and said “the trouble with you Clea, is you still write like an arty farty drama student”. He then sat me down and made me watch him re-draft the whole document by dictation. I was in awe. Here was this man who had a top legal aid defence practice, giving me a one on one tutorial on how it is done. He was the same partner who point blank refused to keep me on when it came down to a choice between Law School and staying on another year. I went to his office, frightened about not having enough money to live on. He told me:

“go and do your course, and live on baked beans for two years Clea. The profession is waiting for you to qualify.”

This encouragement of my future career in law was exactly the push I needed to propel me back into full time education, and indeed a life of baked beans for two years. Not least returning to my old bedroom in my parents’ house for the duration.

It was a different time then. I had no doubt in my mind that once I had completed my education and vocational training, that myself and my now husband would be set for life. I remember us having the conversation with our mortgage broker as a trainee solicitor (earning nothing) that owing to the profession I was soon to join, my partner and I could expect a salary multiplier that would take my salary and times it by four.

Fast forward to 2013/14 and life could not be more different if you tried. The future of our profession hangs on the bravery of a few, taking dramatic, unparallelled steps to cull aspects of the firms practice with a view to saving the profession as a whole. For the first time ever, Wainwright & Cummins (along with many others) will be turning away publicly funded Crown Court work to try and gain the attention of the minister who threatens the profession.

In some of my darker moments, I want to turn round to the sprightly, bushy-tailed 20-something me, at the beginning in 2003. I want to tell her how different the landscape would be in just ten short years I want to explain, that yes her heart may be in public defence, but that the chosen career will keep her up at night considering each year, whether this is to be the last.

Every time I stand up in Court or help someone in a police station, I now relish the moment. I am uncertain whether my most cherished career is to stand the test of this government. What I am certain of, is that I will never be able to replicate the level of dedication that I, and my colleagues, have for the job. You don’t come across such challenging and rewarding work, with like minded individuals twice in a lifetime. I don’t regret the last ten years by any means. I just hope that they have not all been in vain. 

- Clea Topolski