Showdown at Vic’s Bar ‘n’ Grill … Yarraside bar’s crablike crawl away from Law Council divorce … Rethinking the options … A large group of concerned barristers circulate objections to executive decision … Janek Drevikovsky reports
The vocal group say that the LCA remains a crucial voice for lawyers and its advocacy has secured wins on matters close to the Bar’s heart, like legal aid fees and equal opportunity for female lawyers.
There are calls to back down at once from the divorce decision.
It’s a sharp turnaround from last week’s rhetoric: then, in an all-bar email, Blanden wrote that the LCA’s fee structure was “no longer fit for purpose” and the Victorians’ membership would “terminate” on 30 June.
Plain and simple.
Last Wednesday (March 24), briefs found another missive from Blanden in their inboxes:
“I wish to reinforce to members that negotiations are still active and the Bar Council has not made a decision to permanently leave the LCA.
We are racing against the clock to come to a resolution before 30 June 2021.”
The sticking point remains the fees. The bar’s “hardship” over the past 12 months and its “ongoing financial uncertainty” meant the LCA’s annual bill was unaffordable.
The fee for 2021-22 will be $230,000 — or $110 per brief. It amounts to three percent of the LCA’s funding.
“While not derogating from the important work the LCA undertakes, we consider it appropriate to have a discussion with the LCA around fees before agreeing to pass the approximately $110 capitation fee onto each of our members.”
Blanden reiterated his alternatives – lower compulsory fees or the option to opt-out – alternatives which LCA president Jacoba Brasch QC has already rejected as “unworkable”.
If there’s no compromise by June 30, Blanden will “revert to members for their views”. That’s another change from last week’s announcement, where there was no mention of consulting the rank and file.
Blanden kept his own views on the LCA close to his chest. But he did quote advice from former Federal Court judge Ray Finkelstein QC:
“On a value for money basis continued membership is problematic.”
Many from the hairy ear persuasion think the LCA is a woke, lefty outfit sprouting motherhood issues that are not of concern to briefs at the red wine and cheese end of the Essoign Club.
Even after Blanden sent his revised position, some briefs were circulating an open letter against the proposed withdrawal from the LCA.
“The decision is very damaging to the Victorian bar, its members, the Law Council and, through both organisations, to the public good.”
The LCA’s work in representing lawyers to government came in for plaudits – Vic Bar would be unlikely to achieve such a strong and well-respected voice on its own.
That was particularly the case on issues such as working conditions for barristers, where the LCA had successfully staved off cuts to Commonwealth legal aid and promoted equal opportunity briefing for women.
The case was made that the LCA wasn’t such bad value for money, and that $110 per brief (tax deductible) was eminently affordable.
And self-interest aside, the letter argues it’s the legal profession’s duty to make pro bono contributions to the state of Australian justice – even in a time of economic crisis.
A raft of silks and others have signed the letter, including former bar presidents Jennifer Batrouney, Matt Collins, Fiona McLeod and Neil Young (also a former Federal Court judge).
Other luminous signatories were former Federal Court judges Ron Merkel and Tony Pagone, former Victorian Supreme Court judges Clyde Croft and Lex Larsy, and eminent briefs like Robert Richter and Julian Burnside.
The letter ended:
“We urge the Victorian bar to reconsider this decision and to avoid the damage to both bodies and to the public interest.”
A list of 181 submissions made in 2020 by the Law Council to government was circulated to bolster the case.
Blanden and the “Change” people on the council face a smouldering insurrection.