The myth of "fat cat" barristers

Criminal barristers threaten to strike over cuts to legal aid fees.

Max Hill QC, Chairman of the Criminal Bar Association, will give a speech this evening hitting out at the government's cuts to the legal aid budget and barristers fees, arguing “the criminal justice system is at risk because barristers’ role within it is becoming increasingly less viable”. He will threaten the government with industrial action by barristers – although this is unlikely to happen without further discussion with the association's 3,500 members.

The results of a survey of CBA members show that 89 per cent would be willing to take direct lawful action, such as refusal to attend court. The majority of respondents had experienced delays in payment from the Legal Services Commission.

This is fighting talk. For many people, the idea of barristers going on strike will seem absurd. The government's cuts to the legal aid bill have been presented as necessary to prevent "fat cat" lawyers running off with vast sums of government money. It's a familiar story. However, quite apart from the effect that the legal aid cuts will have on numerous people who find themselves unable to get legal aid support in their divorce or domestic violence cases, the separate cuts to legal aid fees may well push many barristers into bankruptcy. Fees were cut by 13.5 per cent by the Labour government, and a further 11 per cent by the current government.

Max Hill says that when he took over the role of Chairman in 2010, he was ready for the challenges presented by a recession and ongoing economic uncertainty:

But I did not know that there would be such heartache, depression and personal bankruptcy caused by the wanton failure of central government to shore up the Legal Services Commission in such a way that they might pay us in reasonable time for concluded cases.

I did not know that criminal barristers would email, ring or meet me to tell how they couldn’t pay their tax in January.

This comes as no surprise to me. Magistrates' court work, which forms the majority of legal aid cases, is extremely badly paid. Barristers, who are often pupils or young junior barristers, get paid around £50 per appearance, which is the legal aid fee. The disorganised state of most courts means that they are kept waiting around all day for the case to come up, so they can't usually do more than two cases per day, if that.

Solicitors receive the money, and it is their job to pass it on to the barrister. Unfortunately, this doesn't happen quite so straightforwardly as it might seem. Delays are commonplace, and non-payment happens far more often than you'd expect. Barristers are self employed, so if there's no work, there's no money, and if there's no money, there's no job security to see them through. Out of this money, barristers must pay chambers rent, often as much or more than 14 per cent of each £50 payment.

The legal aid bill is predicated on the assumption that people who don't get legal aid should be able to represent themselves in court. It's not surprising that this government thinks that several years of training, bar school, and practise are expendable. But it's a fallacy, as we would soon discover if the barristers did go on strike -- something that would be totally without precedent. Courts that did open would be chaotic, the waits longer than ever, with people desperately trying to fight their cases with no knowledge of the law. Miscarriages of justice would be par for the course. I suspect we would soon discover that legal aid is worth investing in.

Tim Kevan, writer of the BabyBarista novels and columnist for the Guardian, tells me:

If legal aid work pays significantly less than other areas, it is likely in the long run to discourage away the best candidates. This undermines one of our most precious and basic rights: that of the state guaranteeing to all, regardless of means, the right to a fair trial.

This appears to be just what is happening.

Barristers should have just as much right to strike as any other group if they are being wronged. As Hill says, “the time has come to bypass our political masters. If they won’t listen to us, let us go to the public, because that is where governments are vulnerable. Our causes are just.

“In all things, I say we should do what we do so well in court already, every day. Fight without fear or favour.”

Photograph: Getty Images
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Appreciate the full horror of Nigel Farage's pro-Trump speech

The former Ukip leader has appeared at a Donald Trump rally. It went exactly as you would expect.

It is with a heavy heart that I must announce Nigel Farage is at it again.

The on-again, off-again Ukip leader and current Member of the European Parliament has appeared at a Donald Trump rally to lend his support to the presidential candidate.

It was, predictably, distressing.

Farage started by telling his American audience why they, like he, should be positive.

"I come to you from the United Kingdom"

Okay, good start. Undeniably true.

"– with a message of hope –

Again, probably quite true.

Image: Clearly hopeful (Wikipedia Screenshot)

– and optimism.”

Ah.

Image: Nigel Farage in front of a poster showing immigrants who are definitely not European (Getty)

He continues: “If the little people, if the real people–”

Wait, what?

Why is Trump nodding sagely at this?

The little people?

Image: It's a plane with the name Trump on it (Wikimedia Commons)

THE LITTLE PEOPLE?

Image: It's the word Trump on the side of a skyscraper I can't cope with this (Pixel)

THE ONLY LITTLE PERSON CLOSE TO TRUMP IS RIDING A MASSIVE STUFFED LION

Image: I don't even know what to tell you. It's Trump and his wife and a child riding a stuffed lion. 

IN A PENTHOUSE

A PENTHOUSE WHICH LOOKS LIKE LIBERACE WAS LET LOOSE WITH THE GILT ON DAY FIVE OF A PARTICULARLY BAD BENDER

Image: So much gold. Just gold, everywhere.

HIS WIFE HAS SO MANY BAGS SHE HAS TO EMPLOY A BAG MAN TO CARRY THEM

Image: I did not even know there were so many styles of Louis Vuitton, and my dentists has a lot of old copies of Vogue.

Anyway. Back to Farage, who is telling the little people that they can win "against the forces of global corporatism".

 

Image: Aaaaarggghhhh (Wikipedia Screenshot)

Ugh. Okay. What next? Oh god, he's telling them they can have a Brexit moment.

“... you can beat Washington...”

“... if enough decent people...”

“...are prepared to stand up against the establishment”

Image: A screenshot from Donald Trump's Wikipedia page.

I think I need a lie down.

Watch the full clip here:

Stephanie Boland is digital assistant at the New Statesman. She tweets at @stephanieboland