For what it is worth, I am an inhouse HCA. I do CC trials etc. Our approach has been we do not send HCAs in place of the bar and in terms of my case load we have shadowed the Bar’s action as best we can, except in exceptional cases. The decisions have not been made lightly and each case reviewed carefully. It isn’t as straight forward as the Bar’s position with contracts etc but we are finding our way through.

Sadly, as a duty solicitor I have many other commitments with supervision and compliance that mean I am simply not free to cover work on the days of action. Their fight, for me in particular, is our fight. It has felt a little lonely as a HCA and a firm taking that approach without a ballot etc but I am in a relatively fortunate position to be able to take that approach.

We need our voices to be heard and if the public are finally listening?! Perhaps miracles can happen….

Alexia Nicol

Solicitor

Bullivant Law Ltd

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From: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk> On Behalf Of Maggie Frame
Sent: 24 August 2022 14:28
To: 'Bridget Irving' <bridget.irving@yahoo.co.uk>
Cc: members@mail.lccsa.org.uk
Subject: RE: Strike Action HCA's

Read this next members email you might be forced to act. So wrong and so disrespectful of the judiciary.

From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk]
Sent: 24 August 2022 13:45
To: Maggie Frame; Richard Parry
Cc: members@mail.lccsa.org.uk
Subject: Re: Strike Action HCA's

I would say, Richard, we should fully support the bar as HCA's, no doubt. As freelancers doing CC work, the powers that be would be delighted if we mopped up where we can to assist the smooth running. Of course Clients will lose out and lots of situations where it feels like the most vulnerable are abandoned. I have been told its ok for us as we don't have to deal with the disappointment and despair of Client's going unrepresented, so I am loath to say too much on the subject, but I am quite clear if we step in where counsel are on strike, that is strike breaking and not ok.

Just my view.

On Wednesday, 24 August 2022 at 13:25:06 BST, Richard Parry <r.parry@saunders-solicitors.co.uk> wrote:

Dear all,

What is our mutual position on cases where as HCAs we could cover for striking counsel in the interests of our clients - but should we reuse to do so in all circumstances in order to support the Bar strike?

I am very loath to do any advocacy for £91 and be accused of strike-breaking! But I do have cases where for instance my client will now lose his Rehab place if the sentence does not go ahead on 5 September as currently listed.

My thinking is to ask for it to be adjourned and ask Probation to make new enquiries for a placement. Not sure client will be happy though…

Richard

On 22 Aug 2022, at 17:20, Maggie Frame <maggie@brookelavingtonlaw.co.uk> wrote:

Point well made. Leaders at LCCSA please respond to this.

From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk] On Behalf Of Lynton Orrett
Sent: 22 August 2022 16:44
To: Maggie Frame
Cc: members@mail.lccsa.org.uk
Subject: Re: Strike Action

Imagine a week where no 1st appearances, 7 day remands, CMH's, sentences or trials were covered. Where no police stations were attended. Where firms didn't utilise HCA's. That would be mayhem. That is the power crime sol's have if they want to yield it.

On Mon, 22 Aug 2022, 16:32 Maggie Frame, <maggie@brookelavingtonlaw.co.uk> wrote:

I think the truth is what we do in magistrates and police station doesn’t really matter. The only impact is if it’s in crown court.

If we don’t apply legal aid either the court will merilly deal with the unrepresented or someone else will snap the client up.

Just look at how firms are asking for Higher court advocates to cover the work of barristers.

We might be able to do something in police station but remember the LA could just open more of their criminal defence offices or allow remote work as they are intending to do anyway if you read their response to the latest consultation on their suggestions.

I think the most important thing we could have got from this consultation would be a separate entity reviewing what we are paid annually. I have heard nothing in relation to that.

The LCCSA are not a union and so can only suggest and cannot really do what the Bar leaders can do.

Maggie

From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk] On Behalf Of Jonathan Black
Sent: 22 August 2022 13:58
To: Joe Mensah-Dankwah; K K; members@mail.lccsa.org.uk
Subject: RE: Strike Action

I am not sure it’s so much that Joe , I think there is general apathy, a willingness to give up crime rather than fight for a better a deal , some hope that the Govt’s so called 15% is better than a poke I the eye with a sharp stick despite the fact that none of it will be backdated.

How many more years can people sign up to anti social work with anti social hours for anti social pay ?

The LCCSA leadership have tried to rally the troops , but the numbers who turned up at the ,meeting at red lion square training afternoon were poor , the numbers who joined the zooms were even more disappointing . There needs to be critical mass beyond the half a dozen or so usual voices on here . I know how strongly the leadership feel about this but there does not seem to be a similar strength of feeling on the ground . We would all like to be proven wrong .

Jon

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From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk] On Behalf Of Joe Mensah-Dankwah
Sent: Monday, August 22, 2022 13:15
To: K K <kamal.elnour@gmail.com>; members@mail.lccsa.org.uk
Subject: RE: Strike Action

Hello Kamal,

Apparently, the fear of losing out on business to others, means that we are incapable of taking any action! Such a shame …

Regards,

Joe Mensah-Dankwah

Foresters Solicitors Limited

Suite 19 East London Office Centre

80-86 St Mary Road

Walthamstow

London E17 9RE



T: 020 8521 5999

F: 020 8521 5996

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From: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk> On Behalf Of K K
Sent: 22 August 2022 12:49
To: members@mail.lccsa.org.uk
Subject: Strike Action

Hi All,

Does the LCCSA have any plans to escalate strike action? I have not seen any emails regarding this matter for some time, although I may have missed them.

Seeing the strike action from Barristers today I am wondering what we are doing to improve legal aid pay. Is the option to add more offences that we refuse to represent people for?

As far as the public are concerned, the Bar are very much at the forefront of this whereas in reality it is something affecting all of us equally. I fear we are being left out of the conversation.

Thanks,

--

--Kamal

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