Law Society urges monitoring of fee increase impact for court-appointed lawyers in the UK

The Law Society in the United Kingdom called on the next government to closely monitor the impact of a recent 10 percent fee increase for lawyers appointed by the court to prevent domestic abuse complainants from being cross-examined by their alleged perpetrators, The Law Society Gazette reported.

This change, affecting lawyers within the qualified legal representative (QLR) scheme, came into effect on May 31 through secondary legislation. The QLR scheme was established as part of the Domestic Abuse Act 2021, which aims to protect complainants in family and civil court settings by prohibiting alleged abusers from directly questioning them.

Law Society president Nick Emmerson welcomed the Ministry of Justice’s commitment to improving the scheme but expressed concerns about the adequacy of the fee increase. Emmerson highlighted that the Law Society’s recent research by Frontier Economics indicates that more than a 10 percent increase is necessary to make legal aid fees sustainable. He suggested that the same applies to QLR fees.

"The Law Society’s recent research by Frontier Economics suggests that more than a 10% increase would be needed to make legal aid fees sustainable and the same would apply to the QLR fees," Emmerson said in a statement. "We will need to monitor this closely to understand if it is having the required impact. While this is a positive step in the right direction, we won’t know the impact it is having unless the scheme is properly evaluated."

Emmerson emphasized the need for a thorough examination and evaluation of the scheme to address ongoing issues and ensure sufficient availability of QLRs nationwide. "Our members often tell us about issues with the scheme and the lack of QLRs available across the country. A thorough examination would bring to light what else needs to be improved. We encourage the next UK government to closely monitor this change to ensure it makes the scheme sustainable and encourages sufficient practitioners to sign up to provide this vital service."

In December, additional expenses were incorporated into the scheme, allowing lawyers to claim up to £180 for travel, up to £100 per night for hotel accommodation, and up to £21 per night for food.