There is little consensus among the practitioners to whom Legal Action spoke on how widespread ‘ghosts’ are: solicitors who hold police station duty slots that they do not attend, but sell on. All practitioner groups agree that this abuse of the system should be prevented and in the draft of the contract that Legal Action has seen, a clause is included to suspend solicitors who do not comply with the conditions of the contract, including attendance in person at the duty sessions. We understand, though, that the Law Society is concerned that the contract is silent on the arrangements for monitoring the attendance and qualifications of the practitioners on the duty rotas.

Many practitioners confirmed to Legal Action that the practice of touting is widespread. This prompted the Law Society to run a survey on the issue, submissions to which closed on 8 July. The new contract, Legal Action believes, will include anti-touting, poaching and good practice terms.

A partner in a small criminal practice spoke to Legal Action off the record about losing clients who are on remand in prison, as they are ‘tapped up’ and persuaded to change solicitors. Meanwhile, Scott Bowen, a solicitor advocate and head of crime at Cardiff firm Bowden Jones, said he’d been told by clients that they had ‘been offered remuneration in exchange for instructions’, but that this seems to be ‘the practice of a very small minority’. Bowen observed that client retention is part of the business of any legal practice. ‘For example,’ he said, ‘I would imagine many City firms will be entertaining commercial clients at Wimbledon.’

Current contracts for criminal legal aid work have been extended until 31 March 2017, after which they will be replaced by the new contract. No announcements have been made by the Legal Aid Agency on how firms will apply for the contracts.