The Law Society has responded to the Ministry of Justice (MoJ) consultation on reforming the Advocates' Graduated Fee Scheme (AGFS).

The response expresses the Law Society's concerns that the proposals risk damaging the sustainability of the supplier base and do not promote compliance with ongoing initiatives such as Better Case Management.

The Society is concerned that the MoJ has based these proposals on a flawed notion of 'case mix' which in reality does not exist. The response quotes extensively from responses published by a number of chambers and solicitors' firms, which cast doubt on the MoJ's assertion that the scheme is cost neutral, and which on the contrary clearly show that many chambers and solicitors' firms will be much worse off. The junior bar and solicitor advocates will in particular be hardest hit by the proposals.

The Society initially engaged with the MoJ's working group on the GFS schemes, as they believe that reform of the crown court fee schemes is long overdue. However, they have concerns this scheme could cause serious damage to the current and future supplier base.

The Society's response includes their own proposals for amendments to the distribution of the fees in the proposed scheme which they think will make the scheme workable.

The full response is available here.