A British publication is reporting that several members of the bar are not advising their clients of mediation because it will cut into the attorney's profits. Something called the Commons' Public Accounts Committee suggests that legal aid recipients are not being provided with information about mediation because the attorneys (solicitors) can obtain higer fees by taking the case to court instead of resolving it through a mediation process.
This is, indeed, a shameful practice.
An attorney owes the utmost duty of loyalty to a client. There are certainly cases and times where one must litigate a case to its final conclusion through the court system. But those cases are relatively rare. Not advising a client of the option of mediation may not be in the client's best interest. It seems intuitive that most folks would like for their dispute to be resolved sooner than later and at lower costs. Of course, attorneys need to make a living as well, but the loyalty of the attorney is to the client, not to the attorney's checking account.
The Legal Services Commission, the organization responsible for legal aid in England and Wales, is recommending targets for cases to mediate as well as changing the fee structure for attorneys so that mediation will become a more viable economic option than the current system. Hopefully, the LSC will be able to devise a plan that will be accepted by the solicitors so that cases involving legal aid clients can be resolved through mediation, instead of through a trial.
This is, indeed, a shameful practice.
An attorney owes the utmost duty of loyalty to a client. There are certainly cases and times where one must litigate a case to its final conclusion through the court system. But those cases are relatively rare. Not advising a client of the option of mediation may not be in the client's best interest. It seems intuitive that most folks would like for their dispute to be resolved sooner than later and at lower costs. Of course, attorneys need to make a living as well, but the loyalty of the attorney is to the client, not to the attorney's checking account.
The Legal Services Commission, the organization responsible for legal aid in England and Wales, is recommending targets for cases to mediate as well as changing the fee structure for attorneys so that mediation will become a more viable economic option than the current system. Hopefully, the LSC will be able to devise a plan that will be accepted by the solicitors so that cases involving legal aid clients can be resolved through mediation, instead of through a trial.
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