Avtar Bhatoa, chair, Law Society Criminal Law Committee

Mark Barrington, digital defence, CJS Efficiency Programme

Catherine Little, director of finance and performance,

Legal Aid Agency

A3: Practical: Digital working

Presented by

Avtar Bhatoa, Chair, Law Society Criminal Law Committee

Avtar Bhatoa is the principal solicitor advocate based at Bullivant Law in Central London.

He is a former chair of SAHCA [Solicitors Association Higher Court Advocates]. He

practiced as a barrister in chambers from 1984 to 1994 prior to leaving and co-founding his

current practice in 1994. He writes on the subject of the future of criminal law practice

and digital working in criminal law.

Digital working: defence lawyers

Criminal Law Contracts 2015

• How will firms be working under the contracts?

Firm A:

has Duty Provider Contract

and is contracted as the

Applicant Organisation

Firm B:

is a Delivery Partner for a

Duty Provider & also has

an Own Client contract

Firm C:

has an Own Client

Contract

ALL THREE OF THESE FIRMS WILL BE ABLE/ LIKELY TO CONDUCT FOLLOWING TYPE OF

WORK

1

Duty Provider Work

[as Applicant Organisation]

Duty Provider work [for

the Applicant Organisation]

2 Own Client work Own Client work Own client work

3

Agent work - other firms'

own and duty client work

Agent work - other firms'

own and duty client work

Agent work - other firms'

Own and Duty client work

Mandatory IT: definitions

Duty & Own Contract IT requirements What this means

Clauses 7.16-20 in Own client contract and

Clauses 7.17-20 in the Duty provider contract:

“You must have an IT System which enables you to

perform your obligations under this Contract. Your IT

System must include the following as a minimum”

“IT System” is actually defined in the Contracts as

“ the configuration of computer components

comprising all the software owned by, or licensed to

you by a third party (and any updates and

enhancements to it), all hardware, telecommunications

and network equipment used by you, together with any

asset which relies in any respect on computer hardware

or other information technology (whether embedded or

not) which links the different parts of the system

together; “

Mandatory IT – in the office

Duty & Own Contract IT requirements What this means

“Your IT System must include the following as a

minimum”

Note the word “must” and reference to “as a

minimum”

“(a) a system to identify all your Contract Work

files;

(b) a system to enable you to identify Client

conflicts;

(c) a system for identifying relevant Matters and

cases when acting for a Client in a number of

Matters and/or cases;

(d) a system for accessing a list of all Matters and

cases that are open and closed (where relevant);

(e) a system which identifies key dates in respect of

any Matter and/or case;

(f) a time recording system for all Matters and

cases;

(g) a system for identifying an up-to-date record of

the value of your work in progress (including

disbursements shown separately) on all Matters

and cases; “

This means that for (a) – (g) you must have an IT

system comprising:

1 Case Management system,

2 Accounts system

3 Practice Management system

4 Electronic Diary

Mandatory IT - communications

Duty & Own Contract IT requirements What this means

“ (h) access to our website; (i) access to your Online Account;

(j) at least one operational email account, which must:

(i) be able to send and receive emails, which may contain sensitive information, over the Government Secure Intranet; and

(ii) be used by you as the address by which the criminal justice agencies (including prosecution and police) serve or make available evidence and communicate electronically with you; “

This means that for (h) – (i) you must have

internet in your office

This means Secure E-mail

This is a reference to the Defence

Common Platform and you will access this

through the internet with a user name

and password

Mandatory IT: Digital platform/

remote working

Duty & Own Contract IT requirements What this means (k) a system that must be capable of being used by you to work electronically within the criminal justice system and with other criminal justice agencies (including the prosecution and police). This means (without limitation) that the system must be: (i) able to accommodate and accept evidence. You will use this system to accept evidence that is served or made available by the criminal justice agencies (including the prosecution and police) (electronically or otherwise), in accordance with the Criminal Procedure Rules; and

ii) capable of being accessed and used by you remotely (for example at courts and police stations).

(k) (i) is a reference to the Digital Common Platform that is being currently constructed with a view to introducing “Mandatory Electronic Working”

This means uploading and downloading

electronically

(k) (ii) is a reference to mobile digital working. The

key phrases in K(ii) are “work electronically within

the criminal justice system…without

limitation….used by you remotely at courts and

police stations”

“Mandatory Electronic Working”

This is defined in the Duty and Own client Specifications as “..information in relation to Contract Work that you must provide to the Director or us electronically through the ECrime System in accordance with the Specification. Without limitation, examples of the type of information you must provide to us electronically are: (a)making applications for determinations

(b) making requests for withdrawals or transfers for Representation; (c) submitting requests for prior authorities and Payments on Account; (d) submitting Claims for Contract Work; (e) appealing or reviewing decisions made by us on Claims; or (f) reviewing or appealing determinations about whether an individual qualifies for criminal legal services;”

Duty Tender & IT

Section

C.4

[10%]

Please explain how IT and digital

technology will be used to support the

delivery of Contract Work in this

Procurement Area from the Service

Commencement Date and throughout the

Duty Provider Contract term. This response

should include:

- how digital technology is used or planned

to be used to maximise efficiency and

ensure that the Applicant Organisation can

effectively interface with other CJS

partners;

- where applicable, how the Applicant

Organisation will procure the digital

infrastructure necessary to deliver

Contract Work; and

- how the Applicant Organisation will ensure

day-to-day and long-term data security on

all its IT and communications systems.

This question focuses on the ability of

the Applicant Organisation to

effectively and securely deploy

digital resources.

Higher marks will be awarded to

Applicant Organisations that:

- will use digital technology to deliver

a more efficient and more effective

service;

- where applicable, have a realistic and

cost-effective plan for procuring the

necessary digital infrastructure; and

- provide evidence of cyber-secure

practices both inside and outside the

Office, including at magistrates’ courts

and police stations.

Practical solutions: IT in the office

YOU SHOULD HAVE A SYSTEM CONTAINING THE FOLLOWING A Case Management systems that include (i)mail merge facilities, (ii)standard letter production (iii)CPR forms e.g. re Hearsay/Bad Character (iv)Full case history B Integrated Accounts/Billing systems - maximise billing from police station -crown court advocacy] C Practice Management functions for both (i)‘front office’ functions:

(a)office diary (b)bulk upload of billing/data to LAA ; (ii)‘back office‘ functions such as automatic working out of fee earner overtime/commissions

Practical Solutions: remote digital

working

Criminal lawyers undertake the following 5 broad categories of work during the life of case: 1 Police Station Telephone Advice 2 Police Station Attendance 3 Magistrates Court Attendance 4 Preparation work including attendances/ correspondence 5 Crown Court Advocacy

Work on all of the above - digitally – even offline Encryption of your work data : at rest and in transit

Digital Working: the benefits 1-6 Using App technology: 1 If Solicitor A on call at home in the evening - gives telephone phone advice to an arrested person – his note is immediately available to colleague B who attends the police station. 2 Solicitor B doesn’t have to type in any repeat details as all essential information is auto fed into his tablet. 3 Solicitor B can record all the police station work in his e-form and e.g. if, his client decided to make a Prepared Statement then even that can be digitally signed and then emailed to police. 4 If the client is then charged –colleague C can automatically see all of A and B’s notes on his tablet at the Magistrates Court. 5 At all times, all completed work is available to view by Supervisors and support staff in real time back at the office or wherever they are with their tablet. 6 If external agent D is covering the case then Solicitor B or his office can straightaway email his and A’s notes as a pdf to D. D can avail himself of his own App and work for a number of firms and each of those firms will see [only] their work done by D.

Digital Working: the benefits 7-12 Using App technology: 7 Forward diary dates and all information required are auto sent to the office based systems by the App. 8 Laborious and repeat ‘Inputting’ of information’ is history as the new mode is ‘downloading’. 9 Digital working produces typed notes and embeds quality in such a way as to assist in eventual peer review. 10 The output of the Apps can be customised to produce personalised letters to clients that include content such as advice, agreed action, outcome –next date/time/venue etc. 11 Speed: when using an Accredited Representative at police stations then “A written report on each Matter must be submitted by the Representative to the conducting Lawyer once the Matter has concluded and at the latest by the next working day.” App technology makes the completed work available to the conducting lawyer instantaneously. 12 With App technology, Lawyers in large procurement areas can work together in real time across distances without needing to transport paper from police station lawyer to court lawyer to office. Information is always available remotely.

Questions

Avtar Bhatoa

abhatoa@bullivantlaw.com

Thank you