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#Lawyers levy? Michael Gove threatens to make rich law firms pay for legal aid

Michael Gove has provoked a row with some of London’s leading lawyers, after he demanded that they contributed “much more” to ensure justice was available to all.

Gove, the new justice secretary, said those who made the most financially from the legal system would be required to provide more free expertise.

But his proposal to improve a “two-nation” justice system prompted complaints about the impact of legal aid cuts imposed by his predecessor, Chris Grayling.

In his first significant speech since taking up the post, Gove told the business thinktank the Legatum Institute that “those who have benefited financially from our legal culture need to invest in its roots” and argued that “more could – and should – be done by the most successful in the legal profession to help protect access to justice for all”.

The minister did not spell out how such contributions would be extracted – whether in terms of cash payment or pro bono work – but indicatedlegislation could be involved.

“Many of our leading law firms have committed to give 25 hours pro bono on average per fee earner each year. That is welcome, but much more needs to be done,” he said.

Court system needs reform, says justice secretary Michael Gove.

Several leading lawyers and large firms reacted with surprise, pointing out that the legal aid budget was cut under the coalition. They also said their expertise was not in criminal law or family courts where the lack of adequate legal representation was most acute. Many stressed they already donated a considerable amount of time to pro bono work.

Nick Armstrong, a barrister at Matrix Chambers, one of the most successful sets in London, said he was due to do 25 hours of pro bono work just this week. “The reality is that legal aid practitioners are finding it extremely difficult to do it,” he said. “They are reviewing and cutting their pro bono work because their profit margins have now gone.”

Mark Mansell, a partner at Allen Overy who leads the firm’s pro bono initiatives, said: “We have witnessed first hand the impact of a reduction in legal aid support through one strand of our programme in particular, which is focused on London’s free legal advice centres.”

Linklaters, whose revenues in 2013-14 were 1.25bn, said its lawyers dedicated more than 25,500 hours to pro bono matters globally, 40% of which were spent on access-to-justice initiatives.

Allen Overy and Linklaters are members of the UK Collaborative Plan for Pro Bono which aims to dedicate 25 hours per lawyer to voluntary legal work.

However, Alan Mak, the newly elected Conservative MP for Havant, who used to work at the City law firm Clifford Chance and did pro bono work, said: “It’s a very good idea. Successful law firms and chambers have a duty to contribute.”

Under Grayling, the coalition government cut 600m from the legal aid budget, prompting a series of protests from barristers and solicitors. But Gove signalled a less hostile approach, saying “I have no plans to make further cuts to legal aid”.

Referring to past political briefings which had blamed lawyers for excessive legal aid earnings, Gove said it was time for an alternative approach. “There has been a [tendency] to characterise them as motivated by self interest. I don’t believe that’s the case.”

He said his understanding of the justice process had been enhanced by friends who had devoted their professional lives to the bar.

Gove argued it would be fairer to ask the most successful legal professionals to contribute a little more, rather than take more in tax from someone on the minimum wage. “I cannot accept that the status quo is defensible,” he said.

Gove said that while the rich were able to secure the finest legal provision in the world, “the reality in our courts for many of our citizens is that the justice system is failing them, badly”.

Responding to the speech, Lord Falconer, the shadow justice secretary, said: “People will be bemused by the sight of the justice secretary complaining of a two nation justice system. Since the Tories took office, access to justice has been all but dismantled for the poorest in our society.”

Jo Edwards, chair of the family law organisation Resolution, said: “We welcome any move that improves the experience of people going through a breakup when they come into contact with the courts.

“Cuts to legal aid have left many people with little or no access to justice, and many domestic abuse victims and other vulnerable people struggle to get the legal help they need to face the courts.”