It’s been a summer of industrial action in the UK, from the Post Office workers to platform staff (train services). But the one that caught most people by surprise was that of the Legal Aid Criminal Bar. After years of ever-decreasing fees, they finally threw in the towel.
Criminal barristers are often the only connection people have in their access to legal advice and representation. The legal aid funding has been a cornerstone of our society for decades. But the real income of barristers, who defend those on criminal charges, has fallen steadily over the last two decades to an average of £47,000 in 2021, a figure depressed during the pandemic by not being able to appear in court.
Criminal barristers have already accumulated significant student debt. Whilst to many it is a calling rather than a profession, there is still an underlying desire to make a good living, and be rewarded for the time they have spent learning their craft.
The criminal barrister is there to defend people who are in need when they need it the most. Unlike the stereotypical view of a black hooded hooligan on a street corner, often it is normal everyday people who find themselves in a position that they would never have imagined, for a multitude of reasons. At their time of need they want someone who can give them the best advice possible. This is the true value of a criminal barrister and is an issue that affects us all
The minimum pay for trainees at London chambers is a little over £19,000 per year whereas those in chambers specialising in tax law are paid as much as five times that amount. Meanwhile, law graduates joining one of the five “magic circle” firms such as Clifford Chance are paid about £50,000+ as first-year trainees, with their future earnings potential rising significantly.
Legal Aid solicitors have been in a similar position for over 10 years. Whilst the profession has lost solicitors and paralegals due to the low pay for long hours and highly technical work, the plight of British criminal barristers is a special concern.
September 2022 saw the new Justice Secretary, Brandon Lewis, a qualified commercial barrister, bring a new settlement package to end the strike. It’s not over yet, and both criminal law firms and barristers continue to hold their nerve, for what they would argue is reasonable pay, in the face of pressure.