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.”

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To preserve the environment we hold in common, everyone has to play their part

The challenge of building a clean future based on the common good of Londoners demands that politicians, business, communities and individuals each take a share of the responsibility and of the benefits.

The environmental challenge facing our capital city can seem overwhelming. Our air is poisonous. Our infrastructure built for the fossil fuel era. The need to build a clean, low carbon future can seem incompatible with competing challenges such as protecting energy security, housing and jobs.

The way we tackle this challenge will say a lot about the type of city we are. We inherit the world we live in from the generations that went before us, and only hold it until it is time to hand it over to future generations. The type of environment we leave behind for our children and grandchildren will be affected by the decisions we need to take in the short term. Our shared inheritance must be shaped by all of us in London.

Londoners currently face some crucial decisions about the way we power our city. The majority of us don't want London to be run on dirty fuel, and instead hope to see a transition to a clean energy supply. Many want to see that clean energy sourced from within London itself. This is an appealing vision: there are upsides in terms of costs, security and, crucially, the environment.

Yet the debate about how London could achieve such a future has remained limited in its scope. Air pollution has rightly dominated the environmental debate in this year’s mayoral election, but there is a small and growing call for more renewable deployment in the city.

When it comes to cities, by far the most accessible, useable renewable energy is solar, given you can install it on some part of almost every roof. Rooftop solar gives power to the householder, the business user, the public servant - anyone with a roof over their head.  And London has upwards of one million roofs. Yet it also has the lowest deployment of solar of any UK city. London can do better. 

The new mayor should take this seriously. Their leadership will be vital to achieving the transition to clean energy. The commitments of the mayoral frontrunners should spur other parts of society to act too. Zac Goldsmith has committed to a tenfold increase in the use of solar by 2025, and Sadiq Khan has pledged to implement a solar strategy that will make the most of the city’s roofs, public buildings and land owned by Transport for London.

While the next mayor will already have access to some of the tools necessary to enact these pledges (such as the London Plan, the Greater London Assembly and TfL), Londoner’s must also play their part. We must realise that to tackle this issue at the scale and speed required the only way forward is an approach where everyone is contributing.

A transition to solar energy is in the best interests of citizens, householders, businesses and employees, who can begin to take greater control of their energy.  By working together, Londoners could follow the example of Zurich, and commit to be a 2,000 watt society by 2050. This commitment both maximizes the potential of solar and manages introduces schemes to effectively manage energy demand, ensuring the city can collectively face an uncertain future with confidence.

Unfortunately, national policy is no longer sufficient to incentivise solar deployment at the scale that London requires. There is therefore an important role for the incoming Mayor in facilitating and coordinating activity. Whether it is through TfL, existing community energy schemes, or through individuals, there is much the mayor can do to drive solar which will benefit every other city-dweller and make London a cleaner and healthier place to live.

For example the new mayor should work with residents and landlords of private and social housing to encourage the deployment of solar for those who don’t own their property. He should fill the gap left by national building standards by ensuring that solar deployment is maximized on new build housing and commercial space. He can work with the operator of the electricity grid in the capital to maximize the potential of solar and find innovative ways of integrating it into the city’s power demand.

To bring this all together London should follow the example set by Nottingham and Bristol and create it’s own energy company. As a non-profit company this could supply gas and electricity to Londoners at competitive prices but also start to drive the deployment of clean energy by providing an attractive market for the power that is generated in the city. Community schemes, businesses and householders would be able to sell their power at a price that really stacks up and Londoners would receive clean energy at competitive prices.

The challenge of building a clean future based on the common good of Londoners demands that politicians, business, communities and individuals each take a share of the responsibility and of the benefits. Lets hope the incoming Mayor sees it as their role to convene citizens around this aim, and create incentives to virtue that encourage the take up and deployment of solar, so that we have a healthy, clean and secure city to pass on to the next generation.