User Tools

Site Tools



This shows you the differences between two versions of the page.

Link to this comparison view

Both sides previous revision Previous revision
duty_solicitor_requirements [2018/09/12 15:37]
duty_solicitor_requirements [2019/05/30 11:07] (current)
Line 50: Line 50:
 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.
 +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. ​
 +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.
 +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.
 +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://​​forms.php#​compliance There is a form here which should help: https://​​forms.php#​compliance
duty_solicitor_requirements.txt · Last modified: 2019/05/30 11:07 by frescom