you are quite right…there will be a conflict of interest between the health of yourself and your family and the best interests of your client…WHICH IS WHY WE SHOULD BE REVERTING TO THE MARCH 2020 PROTOCOL!!!!
The lawyer is safe, the client gets representation- which can even be in person when the lawyer feels it is essential and willing to take the risk.
All seems eminently sensible to me which is why I cannot get away from the feeling that we are just being bullied by the NPCC- because they can/are being allowed to.
Ros
Ashley Smith & Co Limited
Registered Office
Romer House
132 Lewisham High Street
SE13 6EE
Tel: 020 8609 6711/6710
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From: ao@aandalaw.co.uk <ao@aandalaw.co.uk>
Sent: 18 December 2021 00:39
To: ashley@ashleysmith.org.uk; '"Maggie Frame"' <maggie@brookelavingtonlaw.co.uk>
Cc: members@mail.lccsa.org.uk
Subject: RE: PROTOCOL UPDATE – Friday 17th December 2021
Best Christmas gift for the Met as they will have our clients all to themselves without us constantly “ interrupting “ the proceedings and giving “ bad “ advice !
Regards
Tara Olowu LL.B (Hons),LL.M
Partner
A & A Law
Solicitors & Advocates
Suite 32 St Olav’s Court, City Business Centre Lower Road, Canada Water London SE16 2XB
Tel: 020 7231 1405
Email: ao@aandalaw.co.uk Web: www.aandalaw.co.uk
Regulated by the Solicitors Regulation Authority - SRA Number 541093
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From: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk> On Behalf Of ashley@ashleysmith.org.uk
Sent: 17 December 2021 23:56
To: '"Maggie Frame"' <maggie@brookelavingtonlaw.co.uk>
Cc: members@mail.lccsa.org.uk
Subject: RE: PROTOCOL UPDATE – Friday 17th December 2021
We could just all block the DSCC number on our phones over the holiday period?
Although “all” may be a problem of course
Ros
Ashley Smith & Co Limited
Registered Office
Romer House
132 Lewisham High Street
SE13 6EE
Tel: 020 8609 6711/6710
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From: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk> On Behalf Of Maggie Frame
Sent: 17 December 2021 19:19
To: 'Harvey Fox' <Harvey.Fox@freemanssolicitors.net>
Cc: members@mail.lccsa.org.uk
Subject: RE: PROTOCOL UPDATE – Friday 17th December 2021
Usually here we are called by the duty solicitor call centre and asked if we agree to give it up. I am suggesting that by then we have done sufficient not to lose case without our consent. If you just say when called I am not attending then yes the police will have no alternative but to redeploy and you couldn’t argue about it.
From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk]
Sent: 17 December 2021 18:57
To: Bruce Reid; Maggie Frame
Cc: members@mail.lccsa.org.uk
Subject: PROTOCOL UPDATE – Friday 17th December 2021
I am not sure what that achieves. The police just request cases are redeployed if Solicitors fail to attend for any reason. May be more problematic for police legally if an Own Client request but PACE still deals with redeploying to Duty. The only way you achieve anything is if you are confident that a large majority of firms support you and will not accept the case as duty for own Clients or back-up for duty Clients.
Harvey Fox | |||||
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From: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk>
Sent: 17 December 2021 18:25
To: Maggie Frame <maggie@brookelavingtonlaw.co.uk>
Cc: LCCSA <members@mail.lccsa.org.uk>
Subject: Re: PROTOCOL UPDATE – Friday 17th December 2021
The NPCC may be in charge of it but if I accept a case, say I will attend remotely and dont hand it back, then what happens?
System gummed up and the interview potentially inadmissible?
The minimum we need if the LS saying that it is professionally acceptable to refuse unsafe conditions.
let us see the colour of their money
On Fri, 17 Dec 2021 at 18:18, Maggie Frame <maggie@brookelavingtonlaw.co.uk> wrote:
I agree ; we can refuse to go to police station but can we refuse to hand back the case when we are told by custody that we must hand case back. The Duty solicitor call centre will not re -deploy unless we agree. So they cant get someone else unless we do?
I personally think we should find a way to do this if the police wont let us stay safe. Any very clever amongst us provide us with a legal way to do this.? Maybe we should seek advice from Counsel.
The police seek to use the protocal to force us to attend. We cannot just choose to forgo all police station work so we need to use this against them.
Its is not that we are not prepared and able to deal with a case remotely it is that we are being prevented.
Can we not say I am dealing with this case. I have accepted this case and I am able to advice remotely and provide the necessary advice, Your police station is not safe for me to attend and your use of PPE etc is totally unacceptable so no I will not hand this case Back.Your rooms for consultation and interview rooms are totally inadequate.
After of course ensuring client is happy as it is their choice at this stage. I will attend remotely that way allowing you to fulfil your duty in providing a solicitor to those in custody.
I think our representative bodies are saying that they support us in theory, not attending but apart from that we are on our own as there is nothing they can do as the NPPC are in complete control of what the protocal will be.
I think though they should rethink this as we cannot achieve anything alone.
Kind Regards
Margaret Frame ( Partner )
Brooke Lavington Law
17 – 21 George Street
Croydon
Surrey
CR0 1LA
Telephone : 07939 088264
Email : maggie@brookelavingtonlaw.co.uk
Secure email : margaret.frame@bll.cjsm.net
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From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk]
Sent: 17 December 2021 17:38
To: Ashley Smith
Cc: "Keima Payton"; LCCSA
Subject: Re: PROTOCOL UPDATE – Friday 17th December 2021
This unsafe. Period.
I have elderly relatives never mind concerns for my own health or that of my clients and indeed police officers. At court i stand away from my prosecutor and I am usually 2 meters off from the rest of the court. If I move close to whisper to someone it's rarely more than 30 seconds for the exchange. Client interviews take place behind a glass screen or in a room with the windows open. At Croydon I am in greater danger from pollution than Covid-19.
That's safe enough.
It's not a 10 meter square room with no windows squashed up next to a coughing Client and an oic who has been wrestling with an unsavoury threatening behaviour arrest earlier.
I am not doing it. I don't care what my professional body says, nor whether my client gets my quality advice or not. I am not a medicin sans frontier nurse in a war zone.
The police can fix this. They did last year.
They choose not to.
If the bureaucracy in the law society and negotiation bodies can't accomplish this, we can; we don't go.
On Fri, 17 Dec 2021, 17:11 , <ashley@ashleysmith.org.uk> wrote:
I am absolutely with Keima here
What was “useful” within those discussions and “useful” to whom?
It is a bloody poor show from where I am standing.
And just what do the Law Society have to say about this?
Ros
Ashley Smith & Co Limited
Registered Office
Romer House
132 Lewisham High Street
SE13 6EE
Tel: 020 8609 6711/6710
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This Firm is Authorised and Regulated by The Solicitors Regulation Authority No: 654874
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From: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk> On Behalf Of Keima Payton
Sent: 17 December 2021 16:57
To: Members <members@mail.lccsa.org.uk>; Members <members@mail.lccsa.org.uk>
Subject: FW: PROTOCOL UPDATE – Friday 17th December 2021
What are the next steps here?
Has another meeting been organised and when we say “possible” of course it is possible… it was done and the protocol was drafted – what exactly makes this impossible?
From: Keima Payton <keima@paytonslaw.co.uk> <clsa-egroup@talk.netatlantic.com>
Sent: 17 December 2021 14:41
To: listA@lists.clsa.co.uk
Subject: RE: PROTOCOL UPDATE – Friday 17th December 2021
This is not a pleasant update and I can save members the time reading it, as this is the important bit!
“We have had useful discussions with the other signatories to the protocol but despite strong support for a return to an earlier version of the protocol during the current pandemic of ‘omicron’, it has not been possible to agree to do so”.
No!!!! This was not a useful discussion a useful discussion would have yielded a result!
What did The Law Society say? Are they supporting a return to remote working or not?
Who said No?
Who said Yes?
Keima Payton
From: Sue Johnson <clsasue@googlemail.com> <clsa-egroup@talk.netatlantic.com>
Sent: 17 December 2021 12:58
To: listA@lists.clsa.co.uk
Subject: PROTOCOL UPDATE – Friday 17th December 2021
Details on the CLSA website
Sue Johnson
CLSA Administrator
Suite 2 Level 6
New England House
Brighton, BN1 4GH
DX 2740 Brighton
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