Legal aid cuts – A serious concern for private investigators

We are all aware that cut backs abound throughout all UK public services at the moment.  But the recent buzz within the private investigation industry expresses grave concerns with regards to the activities of the Legal Services Commission (LSC) in relation to the funding of legal aid cases. The changes in legal aid funding for cases has had a profound effect on the legal profession and lawyers have recently had their say. But what about all the legal support service providers such as the private investigation industry? The way in which the LSC is going about things is bound to have knock-on effect to the legal support services sector.

There is little doubt that this is the case as it has been reported via various PI discussion forums that numerous PIs have had their invoices queried by the LSC and in some cases the LSC has refused to pay the amount invoiced or is asking for refunds for fees already settled; although these fees had been previously agreed by the instructing solicitor prior to the work being undertaken.

The LSC seem determined to dictate the amount of any fees paid, despite the fact that PIs are privately owned businesses that have control over their own fee structures. The feelings within the PI industry are running high with many PIs considering dropping legal aid support work altogether in favour of pursuing other market segments.

There is no doubt that PIs, enquiry agents and process servers provide an invaluable service to the legal profession and it would have a profound effect on the administration of justice if PIs and associated service providers were to refrain from providing their services in all publicly funded cases. If this were to happen we would see a return to the days when any form of justice would only be attainable by those that had the financial mans to pay the costs involved.

How many PIs out there would consider refraining from publicly funded cases under the present conditions?

PI Telegraph would be interested to hear your thoughts.

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  • http://www.seagalinvestigations.co.uk Chris

    I am fully aware of the discussions currently live regarding this issue and have participated myself as we have also experienced issues whereby the LSC are dictating to our clients what we should be paying, having your client attempt to recuperate fees from a settled invoice that was dealt with months ago is unacceptable.
    As stated above; Private Investigators, Process Servers and Enquiry Agents are private companies and therefore the LSC have no authority to dictate what our fees should be. It is the client that must ensure the LSC have approved the fees before agreeing or approving additional work, I believe in many of these instances that this is not the case, as the client has a reputation and of course bills to maintain, they authorise the work without approval from the LSC only to find at a later date that the fees are then questioned.
    If law firms lose the support of professional agencies the service will deteriorate, this could have detrimental effects later down the line when the defendants solicitor or legal representative will surely find it easier to pick holes in the shoddy workmanship!

    • Editor

      Excellent feedback Chris. I agree 100%.

  • http://www.detectivedenise.co.uk Detective Denise

    There are already huge amounts of solicitors who no longer take on legal Aid work for exactly these reasons and although not having had an issue myself yet, I will be asking in future. It's not worth the hassle.

    • Editor

      Thanks for the feedback Denise. I have stopped doing it now. I have knocked back two legal-aid jobs in the past 2 weeks. Unfortunately most criminal defence work is publicly funded (most habitual criminals don't have a provable income and therefore they automatically qualify for legal-aid). So I will be waving bye bye to criminal defence work.