In light of the meeting on Monday and the continued announcements from chambers (Garden Court, 5PB, Doughty and now 25BR that I’ve seen thus far), I’m hoping there’s some agreement with other law firms about
the stance we should be taking to support our colleagues who are likely to be taking action wef next Tuesday? (Of course subject to the result of tomorrow's CBA survey).
We're looking to put provisional plans in place because of the above imminent date of action. As a firm, Nicholls & Nicholls have decided that we will be undertaking the following but are willing to take guidance
from colleagues and our representative bodies accordingly-
1. We will still be applying for representation orders post 1st April.
2. We will be trying to instruct our chosen counsel from our approved lists who will no doubt be unavailable.
3. We will document attempts to instruct alternative counsel who are not on our approved list to comply with our contract requirements.
4. We will write to the Court and advise that we do not have approved counsel available nor (it is anticipated) unapproved counsel and therefore are not in a position to have an effective hearing.
5. If the case is listed despite the above (which no doubt it will be especially where clients are in custody), we will not be using HCAs in-house or freelance to hold or cover matters on behalf of the Bar as
this progresses the case and defeats the purpose of what the independent bar are trying to achieve.
6. We will ensure a representative (likely/preferably a paralegal) from the firm is present at Court to advise the client and to demonstrate that we are complying with our contract requirements by providing
representation as a law firm.
7. Any solicitor who attends court to assist our client who does have rights of audience, will not be attending with gown/wig but in the role of ‘sitting behind counsel’.
8. We have no intention of utilising HCAs to merely fill the gap so to speak whilst the Bar are taking action.
Does anyone have any views on the above? Agree? Disagree?
Yours sincerely,
Lucinda Nicholls
Nicholls & Nicholls
15 New Bridge Street, London EC4V 6AU
0207 842 1995 (24 hours)
DX 162 Chancery Lane
www.nicholls-nicholls.com
Authorised and regulated by the Solicitors Regulation Authority; SRA Number 633851
We are a Specialist Quality Mark holder, contracted with the Legal Aid Agency.
Information in this email and attachments could be privileged. If you are not the intended recipient, please notify the sender urgently and delete the email thereafter. Its unauthorised use, copying, disclosure
or storage is not permitted without the express permission of the sender.