Login
Criminal defence firms not likely face same downturn as UK counterparts
While over 120 British criminal firms have collapsed in the wake of COVID-19, firms Down Under should be better placed to weather the storm, says one principal.
Jerome Doraisamy
Last week, the Law Society of England and Wales said that there were already 124 fewer criminal legal aid firms across Britain than in 2019, marking a drop of 10 per cent “and far fewer than the 1,861 firms that existed in 2010”.
“We have made clear since the start of the pandemic that criminal legal aid firms are facing a triple whammy: immediate cash flow problems, short to [medium-term] permanent loss of income, and the pre-existing crisis of sustainability. Unless the government addresses all three, there is a serious risk of wide scale market collapse.
“The accelerated items proposed by the government were already insufficient to match the scale of the problem – firms urgently need the funds originally promised, as well as additional support to meet the new crisis.
“In these challenging times, it is vital that the wheels of justice continue to turn. To preserve access to justice and the rule of law, legal representation must be available to those without the means to provide for it.”
Reflecting on the struggles faced in Britain relative to Australia, National Criminal Lawyers principal Michael Moussa (pictured) told Lawyers Weekly that the financial impact of the global pandemic has not been as severe for criminal defence practitioners in NSW compared to British counterparts.
“Although there is some degree of economic downturn within our profession, we have seen some of the major law firms having to cut personnel and even bonuses to the partners of these firms. My own personal reflection has seen a delay in regard to [court[ procedure and responses from the prosecution due to the backlog, but we thankfully have a steady amount of work with my newly appointed lawyers,” he mused.
When asked how best the legal profession – and, specifically, lawyers in the criminal space – can best respond to such economic uncertainty, he said they must “work collectively”.
“Personally, my colleagues and I have been able to send work where it is needed, and this in conjunction with all the other elements of our profession,” he noted.
“We have already seen such a strong response from our federal and state governments to help with the economic insecurity for businesses. Our country has been exceedingly blessed with government initiatives such as [JobKeeper].
“In the judiciary realm, we have seen the Supreme Court decision in Victoria in DPP v Bourke that any early guilty pleas in this current climate will attract substantial utilitarian value given the public health concerns and the significant backlog of cases.
“Finally, the assistance provided by the Law Society of NSW has been able to reduce the membership fees for practising solicitors to $10 per practitioner for the 2020-21 practising year. In addition, the Bar Council has implemented a range of relief measures, including payment by instalments and waiver of membership fees for junior councils. They have also allocated the ‘Barristers Benevolent Fund’ to assist those going through financial hardship.”
Jerome Doraisamy
Jerome Doraisamy is the editor of Lawyers Weekly. A former lawyer, he has worked at Momentum Media as a journalist on Lawyers Weekly since February 2018, and has served as editor since March 2022. He is also the host of all five shows under The Lawyers Weekly Podcast Network, and has overseen the brand's audio medium growth from 4,000 downloads per month to over 60,000 downloads per month, making The Lawyers Weekly Show the most popular industry-specific podcast in Australia. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of Minds Count.
You can email Jerome at:
