Crime still doesn't pay at the Bar

A new report on junior barristers' fees shows an increasing gap in earnings between those who undertake privately funded work and those who are paid from public funds.

The Bar Council and Ministry of Justice's research and data working group has reported on Crown Court defence legal aid work paid under the advocates' graduated fee scheme (AGFS).

While a large number of barristers receive fees from the scheme, a significant proportion undertake little AGFS work.

The report found that there were 4,272 junior barristers paid for work through the AGFS between 2012/13 and 2014/15.

Barristers working full time on Crown Court legal aid cases received a median fee income of £56,000 in 2014/15, a fall from £61,000 in 2012/13.

However, in 2014/15, 22 per cent of the barristers surveyed received zero fees, and 49 per cent received less than £10,000.

Interpret with care

The Bar Council has advised that the figures should be interpreted with care as gross fee income was not the equivalent of a salary.

After deducting expenses such as chambers rent, insurance, and travel, the total amount earned by barristers comes to approximately £28,000 on average.

Factor in the time and cost of both academic and post-graduate study to qualify as a barrister, during which time pupils incur hefty debts, and the headline earning figures are far from impressive.

Responding to the report, the chairman of the Bar, Alistair MacDonald QC, said it was clear that barristers' fees for criminal legal aid work had fallen in recent years due to government fee cuts.

'This is little more than the national average wage, and is way below that of professions which require similar levels of qualification and expertise, such as doctors. The criminal Bar also demands frequent evening and weekend work,' he explained.

'At the very junior end, it is not uncommon for a barrister to put in a hard day's work at a magistrates' court and still fail to make the minimum wage.'

MacDonald added that the report showed that the current payment structure provided little scope for career progression for criminal barristers, and that earnings should reflect a barrister's on-the-job experience.

'It takes many years of practice and training at the Bar to prosecute and defend complex criminal cases, but if it is unaffordable for young barristers to pursue this line of work, we will find cases collapsing due to a lack of experienced counsel.'

Diversity concern

Sam Mercer, head of equality and diversity at the Bar Council, said there was a concern that low fees would affect the diversity of the junior criminal Bar.

'A low, flat pay structure exacerbates the difficulties faced by talented female barristers who have to pay for childcare and it is a disincentive to those from modest financial backgrounds struggling with student debt,' she added.

'Our adversarial system of justice demands that individuals of exceptional ability should work in this challenging area of law. Restricting the diversity of the criminal Bar means we risk losing out on much needed talent.'

A Ministry of Justice spokesperson said: 'The justice secretary has made clear his commitment to safeguarding the future of a vibrant, independent bar.

'One of his first actions in office was to cancel the proposed cut to barristers’ criminal legal aid rates. We are also looking at how to improve the quality of advocacy.

'We will continue to work closely with the profession to ensure the bar has a bright future.'

John van der Luit-Drummond is deputy editor for Solicitors Journal
john.vanderluit@solicitorsjournal.co.uk | @JvdLD