The Criminal Bar Association, which represents barristers in England and Wales, said about 81.5 per cent of the more than 2,000 members to vote in the ballot supported walking out of court
By Euan O'Byrne Mulligan
Barristers are staging court walkouts for several days from Monday in a dispute over legal aid funding.
They will also refuse to accept new cases and to carry out “return work” – stepping in and picking up court hearings and other work for colleagues whose cases are overrunning.
The Criminal Bar Association (CBA), which represents barristers in England and Wales, said about 81.5 per cent of the more than 2,000 members to vote in the ballot supported walking out of court.
Here’s what you need to know.
How much does a barrister earn?
The amount barristers earn varies according to the areas in which they work, and the clients they can attract.
According to The Lawyer, at the top end, 2 per cent of barristers take home over £1m per year, while nearly 12 per cent earn less than £30,000.
Richard Simmons writes: “While even the most junior barristers at most successful commercial chambers can earn in excess of £70,000 and the top commercial QCs can command huge fees, their counterparts at criminal and family sets can make £20,000 or less at the start of their careers.”
The stereotype of all barristers as comfortably wealthy is far from reality.
What do they do?
Barristers are “specialist legal adviser and courtroom advocates”, according to the Bar Council, which represents the profession.
It says: “They are independent, objective and trained to advise clients on the strengths and weaknesses of their case.
“They have specialist knowledge and experience in and out of court, which can make a substantial difference to the outcome of a case.
A high proportion of civil cases are settled out of court, and instructing a barrister greatly strengthens the client’s hand at negotiation.
“Even at a trial, whether in a civil or criminal court, a well-argued case and good cross-examination will impress a judge and, if relevant, a jury”, the Bar Council adds.”
The majority of barristers are self-employed, individual practitioners who may work as a sole practitioner or, more commonly, in groups of offices known as chambers.
Other barristers are employed, working for organisations in the public and private sector, or as barristers in law firms alongside solicitors.
Why are they striking?
The action centres on a long-running dispute over legal aid funding, which barristers say should be increased.
Legal aid is funded by the government, covering costs for people who are unable to afford representation. Criminal barristers’ earnings are covered by legal aid.
Those striking say that spending cuts by successive governments have resulted in junior barristers “dropping like flies”, with wages slashed by 28 per cent in a decade.
One barrister told i how successful junior barristers supported by legal aid are taking home less than £25,000 a year and struggling to break even given their overhead costs.
Barristers also believe extra hours undertaken to meet rising caseloads are not reflected in take-home pay.
Jo Sidhu QC, chair of the Criminal Bar Association, said the action is not merely about pay but “redressing the shortfall in the supply of criminal barristers to help deal with the crisis in our courts”.
He said: “We have already suffered an average decrease in our real earnings of 28 per cent since 2006, and juniors in their first three years of practice earn a median income of only £12,200, which is below minimum wage.”
Mr Sidhu said almost 40 per cent of junior criminal barristers left the profession in one year.
Meanwhile, more than a quarter of specialist criminal barristers – about 300 – quit in the past five years, he added.
In a statement released ahead of the first day of strikes, Justice Secretary Dominic Raab said: “It’s regrettable that the Criminal Bar Association is striking, given only 43.5 per cent of their members voted for this particular, most disruptive, option.
“I encourage them to agree the proposed 15 per cent pay rise, which would see a typical barrister earn about £7,000 more a year. Their actions will only delay justice for victims.”
However, a CBA spokesperson said the 15 per cent pay rise would not land immediately since it would not apply to backlogged cases.
The strike action is intended to last for four weeks, beginning with walkouts on Monday, 27 June and Tuesday, 28 June, increasing by one day each week until a five-day strike from Monday, 18 July to Friday, 22 July.
It means that cases at which barristers are required are likely to be postponed, including Crown Court trials.
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