For several years, the Legal Services Commission (LSC) retrospectively paid out legal aid monies to solicitors and barristers for the work they do for their clients who are eligible for Public Funding for legal advice.

Under a new ruling called the Contract Notice of Amendment, Amendments to the General Criminal Contract to be implemented from 31 October 2005 the LSC’s payment of BSL/English Interpeters will changes. The LSC will now cease paying Interpreter fees from 31 October 2005, explaining that:

Disability Discrimination Act 1995

The Disability Discrimination Act 1995 places an obligation on service providers to make reasonable adjustments so that they can assist clients with disabilities. The supplier as service provider is therefore obliged to provide a sign language interpreter for clients who are deaf or hard of hearing, where it would be reasonable to do so. This amendment clarifies that the Commission will no longer pay sign language interpreters� fees except where they go beyond �reasonable adjustments� under the Act.

Amendments to Contract Specification � Part C

Sign language interpreters� fees (except where it would be unreasonable to expect the supplier to make the adjustment under the Disability Discrimination Act 1995)

Appendix 4, p24

�12. The responsibility for providing and paying for sign language interpreters will normally fall on the supplier in accordance with the Disability Discrimination Act 1995, in which case the fees are considered an administrative overhead and may not be claimed from us. In exceptional cases where the supplier considers it would not be reasonable to make the adjustment, the fees may be claimed from us. Not to incur the disbursement may inhibit the client’s ability to receive assistance. In those exceptional circumstances we consider the expenses to be unusual in their nature and you may therefore apply to the Regional Director for prior authority before the expenditure is incurred. We may refer any such application received to the CDS Policy Team for consideration.�

Appendix 4: p24

This is currently confined to the General Criminal Contract awarded by the LSC to law firms, but we can assume that this ruling will also apply across the board to all publicly funded legal aid work. NB. The LSC will continue to pay for foreign language interpreters� fees.

It appears that Deaf people are going to find it even more difficult to access legal services, as faced with the prospect of having to pay for BSL/English Interpreters, many law firms will just turn them away as prospective clients.

Something needs to be done about this.

California Bar, Several Projects on Lawyers with Disabilities

Survey of Legal Professionals with Disabilities

In 2003, The California State Bar Committee on Lawyers with Disabilities undertook a survey of legal professionals in the state. One hundred and fifty attorneys responded to the survey. The results are reported online in the August 2004 edition of the California Bar Journal. The California Bar website is www.calbar.ca.gov/state/calbar

Discovery abuses

This State Bar Committee on Lawyers with Disabilities is also seeking to document failures to provide accommodations during the discovery process.
Read the rest of this entry »

Sir David Clementi released his consultation paper for the Review of the Regulatory Framework of Legal Services in England and Wales in March 2004, inviting responses from all sectors of the legal profession and outside it. The paper discusses how legal services could be regulated in the future. The Government has decided that the legal profession needs an overhaul in how its controlled and regulated and how it handles its complaints systems and regulatory functions. The Terms of Reference that the Secretary of State for Constitutional Affairs has set down for Sir Clementi to follow are:

1) To consider what regulatory framework would best promote competition, innovation and the public and consumer interest in an efficient, effective and independent legal sector.

2) To recommend a framework which will be independent in representing the public and consumer interest, comprehensive, accountable, consistent, flexible, transparent, and no more restrictive or burdensome than is clearly justified.

3) To make recommendations by 31 December 2004.

The full paper can be downloaded here.

The GSD (namely me) has drafted its response to this consultation, outlining the need for any changes to the legal profession to take into consideration equality and diversity aspects, anti-discrimination legislation and to go farther in ensuring that disabled people, solicitors, trainee solicitors and law students are not discriminated against during the education and training stage, and in practice. This can be seen here.

Please post your comments on the GSD response and/or the Clementi consultation paper itself. We’d like to see what Deafies think of it.