“As a result of the pandemic, work for criminal legal aid firms has fallen through the floor – leaving many hanging on for survival. Without urgent intervention, there is danger that many more duty solicitor schemes will face imminent collapse,” said Law Society president Simon Davis.

“We have made clear since the start of the pandemic that criminal legal aid firms are facing a triple whammy: immediate cash flow problems, short to [medium-term] permanent loss of income, and the pre-existing crisis of sustainability. Unless the government addresses all three, there is a serious risk of wide scale market collapse.

“The accelerated items proposed by the government were already insufficient to match the scale of the problem – firms urgently need the funds originally promised, as well as additional support to meet the new crisis.

“In these challenging times, it is vital that the wheels of justice continue to turn. To preserve access to justice and the rule of law, legal representation must be available to those without the means to provide for it.”

Reflecting on the struggles faced in Britain relative to Australia, National Criminal Lawyers principal Michael Moussa (pictured) told Lawyers Weekly that the financial impact of the global pandemic has not been as severe for criminal defence practitioners in NSW compared to British counterparts.

“Although there is some degree of economic downturn within our profession, we have seen some of the major law firms having to cut personnel and even bonuses to the partners of these firms. My own personal reflection has seen a delay in regard to [court[ procedure and responses from the prosecution due to the backlog, but we thankfully have a steady amount of work with my newly appointed lawyers,” he mused.

When asked how best the legal profession – and, specifically, lawyers in the criminal space – can best respond to such economic uncertainty, he said they must “work collectively”.

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“Personally, my colleagues and I have been able to send work where it is needed, and this in conjunction with all the other elements of our profession,” he noted.

“We have already seen such a strong response from our federal and state governments to help with the economic insecurity for businesses. Our country has been exceedingly blessed with government initiatives such as [JobKeeper].

“In the judiciary realm, we have seen the Supreme Court decision in Victoria in DPP v Bourke that any early guilty pleas in this current climate will attract substantial utilitarian value given the public health concerns and the significant backlog of cases.

“Finally, the assistance provided by the Law Society of NSW has been able to reduce the membership fees for practising solicitors to $10 per practitioner for the 2020-21 practising year. In addition, the Bar Council has implemented a range of relief measures, including payment by instalments and waiver of membership fees for junior councils. They have also allocated the ‘Barristers Benevolent Fund’ to assist those going through financial hardship.”