Impact Of Legal Aid Cut On Immigration Law In UK

Legal Profession and its Ethics

According to Aristotle, man is a political animal and politics is a part of our society. It is important to maintain a discipline in the society and discipline has been maintained under the shadow of legal system. Every legal system consists of certain rules and regulations that are mandatorily bind all the individuals of the society. There are certain people who are obliged to profess under the legal system with an intention to keep peace and justice. This profession is known as the legal profession. There are two major legal systems in the society such as the civil law and the criminal law and the scope of both this legal entitlements are vast in nature. Different arrangements can be found in these systems and the maxims and terminologies found under these systems are varied greatly. Certain posts are there in the profession such as the judicial officer, the advocates and the attorneys, the solicitors, barristers, jurists and the paralegal authorities. The legal system is based on unity and fraternity and according to the professional ethics, the legal professionals should have to act for protecting the interest of the victims and the innocent and they should act against the culprits of the society. In the opinion of Roscoe Pound, legal profession is a noble profession. Advocates and the other legal practitioners are trying to enlighten the legal principles and establish the same in the society. In this report, the impact of the legal aid cut on the area of immigration law in UK has been mentioned. Further, the problems faced by the advocates and other legal professional have been discussed.

A dramatic transformation has been observed in case of legal profession and the legal commentators have pointed out the aspects of the issues. Economic downturn has collapsed the legal perspectives to certain extent and in the words of Jordon Furlong, the future success of the legal professionals are depending on their adaptability regarding the adjustment of expectation and behavior. The golden thread of legal profession has been laid down on the fearless justice system and human dignity plays a vital role in this case. However, in the modern period, it has been observed that the golden era in case of legal profession has been gone. There are certain issues liable for the present condition. Further, the issue regarding legal aid cut has created impact on the family courts and on the people who are depended on the legal profession. It has been stated by Bodey, J., the process of legal aid cut has forced the common people to represent their own case. He had stated the process as shaming. According to certain jurists, the challenges that are facing by the legal professionals can be divided into four main categories such as economic pressure on legal practice, role of technology in the legal practice, regulation of legal profession and training and development of new advocates. Among these challenges, the selected issue is economic pressure on the legal practice. The economic pressure is also responsible for the legal aid cut and therefore, it is required to discuss about the scope and provision of economic pressure.

Economic Pressure on Legal Practice

There are certain reasons engraved under the legal system that bring changes in it. The two major aspects of the economic pressure can be categorized as changes in the society and financial downturn. The economy of United Kingdom has been affected by the Brexit policies taken by the government. All the UK centric professions have been effected by the policy and legal profession is not an exception to the same. It was predicted that the financial sector will be grown by 1.7%, however all were in vain. In case of legal profession, the clients are determined the cost of the legal services. Their expectancy level is so high that they want to get all the legal accommodations within fewer fees and cost. Therefore, it has been observed that the legal practitioners are facing serious problems regarding the same.

The role of the legal professionals is immaculate in nature, as they are obliged to maintain peace and security in the society. The profession can be a noble one when the advocates are professing this with firm invoice and strong evidences. However, the changed mentality of the individuals regarding the professionals and their increasing demands forced many advocates to treat the practice as business and they are not agreed to take the practice as profession. An unparalleled economic pressure has been observed in this profession and it has been observed that the mentality of the legal professionals is also changing with these kinds of mentality of the society. An increment in case of competitors in the profession has pressurized the practitioners financially, as there are many options availed in the hands of the client to this regard and it is hard for the practitioners to profess the practice according to their will. The clients are choosing the person who will advocate their case and they are opted for low charges. The scope of transnational practices of the advocates is widen by the World trade Organization and other international organizations. Technologies play certain role in this case. The rating system has been developed through the modern technology that determines the private rapport and public reputation of an advocate. It has been pointed out by Jay Shepherd that the value and price of the intellectual gatherings in this profession is different and the advocates should have to maintain a balance in between the same. The economic pressure has created impact on the legal firms too. The firms are concentrating over the competitive advantages and the advocates are becoming the managers of the firms. This mentality has increased the duties of the State Bar Council so that they can identify, analyze and communicate between the current trends.

Legal Aid, Sentencing and Punishment of Offenders Act (LASPO)

The term LASPO denotes Legal aid, Sentencing and Punishment of Offenders Act. It is a parliamentary statute and opted for making reformation in the law of justice. The main purpose of this Act is to establish a legal aid agency and remove the financial support for medical negligence, employment, debt and immigration. However, these grounds have been criticized a lot and it has been observed that the common people have to face lots of trouble due to it. The people are not getting advices from the advocates and have to face hurdles in the absence of financial support. The Act has created great impacts on the legal system of England. Right to fair trial is the cornerstone in the justice system of England and without proper advice, people could not exercise their rights and justice will be denied thereto. The negative implication of the LASPO has created long-term effect on the young generation, immigrated person, and the people with additional vulnerability. Therefore, it becomes necessary to make certain reviews in the Act. Most of the effects have been imposed on the civil law departments. According to Liddington (2017), “The reforms within LASPO were founded on delivering better value for money for taxpayers by reducing the cost of the scheme and discouraging unnecessary and adversarial litigation. It ensures legal aid that continues to be available for the highest priority cases, for example where life or liberty is at stake, where someone faces the loss of their home, in domestic violence cases, or where their children may be taken into care.”  Justice minister Dominic Raab has assured for the necessary reviews of the provision. In the present state, the number of legal aid providers are low and the people has to face dilemma due to it.

According to this report, many people are avoided from the legal assistance and they are not getting any financial support in case of any litigation based on family law. Further, the purpose of the exceptional case funding has been failed. Excessive order of bureaucracy has affected the legal aid agency and problems have been cropped up as the legal aid budget has been cut by 25% in 2013. The legal professionals have failed to provide necessary legal advice to the people. The economic pressure has affected the legal perpectives and the same has been published in the report.  

An uprising of high profile mergers has changed the framework of legal sector and this has made a rapid change in the legal profession to many aspects. There are certain reasons that are helping the high profile mergers to be introduced in the legal profession. High profile mergers are conducting their works in two parts; first they are working as a medium between the two growing business and secondly, they are saving any law firm that runs under loss. The adverse economic condition has changed the morality in the profession and the advocates are taking this profession as their business. According to Jay Shepherd, the advocates are selling their knowledge to the client and the economic invasion has certain effects on this mentality. It has been observed by Spoiler that the business mentality of the advocates is affecting the noble nature of the profession. It has been observed that the advocates are no longer thinking about the interest of the client. The barter system in the legal profession has created serious impacts on the profession. Therefore, a great change has been occurred in the profession. Further, it has been observed that the oversupply of lawyers has made the practice a strong hurdle and the advocates are facing serious contradiction while dealing with the cases. The new lawyers or the junior advocates have to face serious problems during dealing with the clients, as the competition has been grown tremendously. Further, due to economic downturn, the clients are denying to spend more money in case of legal service and therefore, the quality of the advocates is decreasing gradually. Further, the clients are expecting that the appointed lawyer will concentrate on the outcome of the case and should be of least interested regarding the relevancy of legal matter. The impact of the price reduction has made serious effect on the morality of the legal profession. It has been observed that the advocates have find out alternative fee arrangements, which is termed as AFA. They have been introduced certain combinations like fixed, contingent, hourly or result-based combination. Many scholars are pointing their fingertips on the societal changes. According to them, the advocates were deciding their fees and the clients were paid the same. However, in present situation, the clients are deciding the AFA charges for the advocates. This system has spoiled the professional output of the practice and business mentality has been grown up to this effect.

High Profile Mergers and Their Effects

The word billable time includes invoices of the customers who are dealing with pure project work. At that system, the monies were being wasted and the client has to pay for the legal bills of the advocates. A requirement has been made for restructuring the billing practices. The overall expenditure has been increased in modern days and the clients are expecting to reduce their expenditure by taking up certain legal sub-works by self. The clients are doing the same with the help of the modern technologies. However, this mentality of the clients regarding the fees has caused serious risk and the effectiveness of legal provision has lost its flow due to the improper works of the clients.

The economic pressure has changed the mind of the clients. They are no longer thinking about the importance of the advocates. On previous occasions, they needed an advocate who could deal with their cases accordingly. Now, changes have been made in their mentality and they are trying to analyze the importance of the legal interference in their life. The clients in today’s world also decide even the legal parameters. Further, the clients are too much concentrating on the quality of the cases that are handled by the advocates. They are also bothered about the legal values made by the lawyer in difficult timings. In the modern time, it has also been observed that the clients are trying to hire the advocates to recheck their forms and documents that have been collected by them in due course. The clients have certain intention to pay only that amount of money, which are done by the advocates. They are not intending to pay more money in this sector. These contingencies have changed the moral nature of the profession and the practitioners ar4e facing many problems due to the same in their due course of business. The mentality of the clients has changed the veracity of the legal profession. They want the advocates to complete the legal works on a quick basis and with small fees. According to their expectation, the advocates should have to use modern gadgets but that does not create any impact on their fees or charge. This mentality has denied the status of this profession.

It has been mentioned on previous occasion that economic pressure has imposed burden on the legal professionals and it has been observed that the advocates and other co-related persons are facing serious hurdles due to it. However, it is obvious to state that the condition of the global economy has also certain negative effects on the legal profession. The competitive mentality of the global markets has created certain impression on the legal market and a rapid development has been observed in this case as well. It has been observed that these developments have intensified the legal obligations and the legal market of United Kingdom haws to face huge strategic changed due to the same. The downturn in the global economics has made certain contingencies in the global market. it has also been observed that the legal market is intending to adopt the fundamental changes regarding the profession. That has caused certain changes in the profession. The global market segmentation has brought a change in the legal market of UK and the country is facing huge decline regarding strategic challenges. There are certain other problems. The cost and risk of the procedures are differed from one jurisdiction to other. If the advocates are not paid accordingly, that will create serious implication on their profession. Further, the United Kingdom’s mentality regarding the Brexit policy has also created certain implications on them. Further, the hyper-texted legal arguments and modern technological inventions have increased the cost of the legal proceedings. If the clients will not pay enough to the advocates, the quality of this profession will definitely be hampered.

It has been observed that the people are quite conscious about their economic conditions that are being wasted in the legal litigations. Therefore, the scope of the self-representation in the legal fields is gradually increasing day to day. Therefore, a need has been arose to limit the scope of the representation. () has opined as follows “Limited-scope representation (LSR), sometimes referred to as “unbundling,” refers to an agreement between an attorney and client that apportions the tasks in a legal matter between them”. The courts are attempting to make various changed regarding the condition and it has been observed that the courts are trying to make changes in the litigation style where the common people are participated in most of the time. It has been observed there are much probability for the lawyers if the method of self-representation can be limited by the court. This can create more opportunities for the young advocates. There are certain situations that raised in this case. certain people are involving in the self-representation matter as they do not afford advocates for their litigation due to lack of proper financial condition; while others are using this instrument to avoid the cost of the proceedings. However, it is the duty of the court to rectify the proper reason for the same. The people are causing delay in the proceeding even after making so many contingencies in the legal profession. However, their economic thinking about the legal cost and proceedings have denied the standard of the profession and if no alternatives can be taken, this can hamper the status of the advocacy profession.

With the technological inventions and modern approach to the legal profession, it becomes necessary to expand the legal department as the scope of the works is also increased to a large basis. It has been observed that the legal companies and firms are expanding the scope of the legal departments with an intention to secure the interest of the legal professionals. The opportunities that have been given to the advocates will help to retain efficiency in the legal profession and a demand regarding the in-house lawyers has been created to this effect. It become easy for the companies to make certain measurements regarding the output conditions and they can easily identify the demands for the in-house advocates. However, the purpose behind the expansion is to point out the scope and opportunities for the advocates and the other legal professionals. This technique is also helps to retain the competitive mentality within the society and the legal profession as well. 

In spite of severe economical downsizing, the technical invention and changing expectation of the people towards the legal profession has imposed certain regulatory burden on the legal practitioners. It has been observed that reconstruction and reconsideration regarding the legal regulation are on demand. In a market, where the regulatory system is quite strict, it is very hard to make any changes in the proceeding. Changes can be occurred in two ways such as changes among the solicitors and changes made by any outside force. The profession regarding law is a self-regulating profession and therefore, the solicitors are required to make serious changes in it. Total independence regarding the frontline regulators are helpful in nature and it is required to be implemented this regulation in the legal field. an attempt has been made to increase the charges of the practicing certificate’s fees in the year 2015. The quality of the advocates is hampered due to financial crisis and these steps are helping to avoid the loopholes of the system and try to maintain consistencies in the profession. Certain steps have also been taken regarding the fees of the advocates that will help the advocates be interested in the profession.    

All the substantive opportunities for the lawyers are required to be invented with highest priority. In the words of Stuart Forsyth, all the new substantive areas of the legal professions are required to be discovered. Otherwise, the liberal nature of the law can be hampered. According to him, it is the duty of the legal practitioners to find out the fertile land in case of the legal provisions. In his article, “Perspectives from a Legal Futurist: Challenges to the Courts and the Legal Community” he has been stated that Attorneys need to significantly broaden and organize what they see, and be particular where they look for these opportunities. For example, he suggests lawyers follow science and technology developments if they want to predict opportunities in substantive areas of practice. In United Kingdom, Legal services Act 2007 is the leading implemented Act that supports the liberal nature of the legal services. Most of the legal firms are taken steps to make alternative business structure regarding the legal profession. it has been stated that the new fields will help to increase the willing power of the young advocates. Further, if the provision of remuneration can be rescheduled, it will help the lawyers to be tension free regarding their future in the profession. However, economics are playing important role in this case too.

Conclusion:

The mentality of the people in case of the fees of the advocates is quite parochial in nature. It undermines the standard of the advocates to certain extent. The legal process is costly in nature and most of the times; the people are hiring the advocates for proofreading their documents and evidences and paying them according to their role in the case. Therefore, the advocacy system is hampered due to this. Further, the system of legal cut has created special impact on the family laws and legal professionals. The common people have to face troble for the same. Therefore, there is a demand for the new substantive areas for the advocates have been cropped up. It has been observed that the lawyers can be benefitted due to this. The advocates will be able to serve the niche to the clients with new ideas and perspectives. Therefore, the same can reduce the serious impacts of the economical downturn on the legal profession.

A student self-reflection report reflects the learning outcomes that the student has achieved during their course work. In this assignment, all the possible issues regarding the legal profession have been pointed out. However, among the all issues, the economical pressure on the legal profession has been discussed in a detailed way. The strength, weaknesses and motivational approach of the student’s experiences has been reflected by this assignment. the introductory clauses and other sub-headings are written in a planned manner and the weaknesses of the financial pressure and substandard mentality of the common people towards the legal profession and impact of the same has been identified in this case. Apart from this, research has been made by the student regarding the economical pressure on the profession and on the veracity of the advocates has been identified through this report. It has also been observed that the current mentality of the people towards the profession has undermined the nobility engraved thereto. However, it is necessary to have a clear vision over the selected subject and discuss about the underlying objects of the topic in a chronological way. In the words of Thucydides “The bravest are surely those who have the clearest vision of what is before them, glory and danger alike, and yet notwithstanding go out to meet it.” When the task has been allocated to me, I was quite eager and feel energetic with the feelings that I can present a clear and effective report thereto. In this report, I have tried to put all the information that seem reliable to me and I have tried to provide all the effective and reliable sources to establish my opinions regarding the chosen topic. While writing the report, I have realized that it will not be possible for me to identify the pros and cons of economical outsource until I have made a clear and critical analysis regarding the economical perspective on the legal profession. it is possible that the assignment could consisted of certain unforeseen contingencies, however, all the paragraphs has been made in this regard based on the scholar views regarding the topic. Not all the aspects of the topic could be covered in this assignment due to word limitation. Further, detailed analysis regarding the topic has not been done due to lack of sources in the internet. All the possible outsources have been made to this effect.

 Source: Created by author

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