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duty_solicitor_requirements [2018/09/12 15:37] frescom |
duty_solicitor_requirements [2019/05/30 11:07] (current) frescom |
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6.24 The 14 hours’ requirement in Paragraph 6.23 will be measured on a rolling | 6.24 The 14 hours’ requirement in Paragraph 6.23 will be measured on a rolling | ||
monthly basis to accommodate different working patterns. | monthly basis to accommodate different working patterns. | ||
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+ | But the LAA are also saying they will be flexible and reasonable. I would take it with a pinch of salt as they also claim to have kicked out about 18% of the Duty Solicitors. | ||
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+ | 1.6 Whilst the Specification places Providers under specific notification obligations in respect of the Duty Solicitor requirements, the LAA also expects Providers to approach notification in an open and | ||
+ | honest way, reflective of the aim of working in good faith and partnership with the LAA in delivering a | ||
+ | public service. A proactive approach by Providers to notification in cases where, for example, there | ||
+ | may be genuine difficulties for an individual Duty Solicitor in meeting the Engaged requirements, | ||
+ | provides the LAA with a greater opportunity (and the information needed) to consider how the | ||
+ | contract should be applied. | ||
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+ | 1.7 Having regard to this approach, the performance of 14 hours’ Criminal Defence Work should not be | ||
+ | the only consideration, but a gateway to look at the factual position in any individual case, with each | ||
+ | case to be judged on its own merits. The LAA has a responsibility to act reasonably and | ||
+ | proportionately, taking into account all aspects of the contract and the individual circumstances, | ||
+ | applying measures only where necessary and proportionate to the situation. | ||
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+ | 1.8 The LAA expects Providers to fully comply with the Contract provisions; however, it recognises that | ||
+ | there may be some circumstances which result in a Duty Solicitor/s being unable to meet the | ||
+ | Engaged requirements, and where the LAA should exercise its discretion not to take remedial action (including the application of Sanctions) in respect of the failure to comply with the requirements, for | ||
+ | example, if there is insufficient Duty Solicitor work in a particular area for a particular period that | ||
+ | prevents Duty Solicitors in that Scheme from complying with the Duty Solicitor requirements (this | ||
+ | would exclude situations where a Provider has a significant number of Duty Solicitors compared to | ||
+ | other Providers on that Scheme and their Duty Solicitors cannot meet the requirements). | ||
+ | Paragraphs 6.25 (a) and (b) also provide an exemption for Duty Solicitors in cases of maternity, | ||
+ | paternity or sick leave (discussed further below). Any remedial action which the LAA takes (including | ||
+ | the imposition of Sanctions) will always be considered in the specific circumstances and against the | ||
+ | LAA’s duty to act reasonably and proportionately. | ||
There is a form here which should help: https://www.nocomment.law/forms.php#compliance | There is a form here which should help: https://www.nocomment.law/forms.php#compliance |