Frances Gibb, Legal Editor
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Ministers are preparing a fresh onslaught on barristers’ legal aid fees that will involve a huge cut in their pay rates for family and children’s cases.
In an attempt to save £12 million over two years, ministers want a 15 per cent cut for advocacy fees in family court cases. The move comes as battle lines are drawn this week over the future of the entire £2 billion legal aid scheme.
Tomorrow the Bar launches its own offensive over the future of legal aid – with a warning that the system is in crisis and the quality of justice at risk.
Tim Dutton, QC, chairman of the Bar, said: “We may be about to face the irreversible consequences of the erosion of legal aid, brought about by reductions in funding of frontline services by Government.”
The Bar Council, which represents nearly 15,000 barristers in England and Wales, will announce its proposals in a paper before an all-party meeting of MPs tomorrow. Meanwhile, the Legal Services Commission, which runs the legal aid scheme, has just released figures to show how much barristers are earning from legal aid work.
Crispin Passmore, the commission’s policy director for civil legal aid, said that the sum spent on barristers’ fees since 2003-04 had risen from £71 million to nearly £100 million.
The number of barristers earning more than £100,000 from family legal aid work had gone up by 14 per cent in the 12 months between mid2005 and mid2006, he added.
“The average annual earnings from family legal aid work is £140,000 – and that doesn’t include any privately paid work they might do. So we are not talking about the minimum wage.”
In a second blow, the commission is preparing to decide this autumn on new fees per whole family case, to bring barristers down to the same pay level as solicitors. The aim was to make total savings of £19 million between 2008 and 2011, said Mr Passmore.
He added that barristers had won a 4 per cent pay rise from the then Lord Chancellor in 2004 after anecdotal evidence that they would quit family legal aid work without that increase. The proposals come as spending from the legal aid budget on child care cases was found to have risen by 24 per cent between mid2003 and mid2004. The average cost of children’s care cases had gone up by 20 per cent and by 11 per cent for contact cases.
But the Bar’s paper, which seeks to dispel “the myth of the fat cat barristers”, quotes judges expressing concern about the low rates of pay in family cases. An appeal judge, Lord Justice Wall, said: “Lawyers are simply not doing publicly funded children work because they can’t make a living out of it.”
Carolyn Regan, chief executive of the Legal Services Commission, said: “We spend £2 billion a year on legal aid, of which a substantial proportion is on family work.” The commission had a duty, she said, to ensure that the public had the best access to legal services – and good value for money.
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Discussions about legal aid rarely point out that it is a loan and not a gift - generally funded parties will have to reimburse the legal services commission for their costs.
Nin, London, UK
It is ridiculous to suggest that this is a "non-productive" profession. Far from profiting from misery, family law barristers work extremely long hours, and don't get paid for a lot of the work done outside court. A cut in legal aid will only lead to a cut in the quality of the services provided.
Clare, Derbyshire,
Barristers in family cases are highly trained (5 expensive years), specialised and dedicated professionals. Without them, vulnerable children and parents would be unrepresented in complex and serious cases. It is very sad and unfair and that the government tries to wrongly depict them as 'fat cats'
Peter Newman, London, London
Younger barristers won't take on cases because they're trying to clear 50k+ of debt and older barristers won't take cases because they have more financial responsibilities like kids... Who suffers? The people using the services who have to navigate the whole sorry mess blind.. well done!
Charley Hasted, Stoke on Trent, UK
And that is the point, we are dealing with people or at least one person who cannot sort out their own problems. Without barristers and others of the legal profession the victims of abuse will be all the more open to the bullying tactics of the other party. The law evens things up.
Keith, Cardiff, Uk
May I please be assured that this decision to cut back on Barristers and legal advisors for Family Court hearings have nothing to do with the fact that Coram in conjunction with Cafcass will be providing their own legal Servies for such cases?
In essence covering every eventuality.
xx Husky xx
Husky , Fife, Scotland
Save £12M over two years in family court cases? Is this not being penny wise pound foolish? Mr Brown throws £2.7B to remedy his governments miscalculation but is reluctant to pay towards a fair justice system. Everyone deserves fair representation!
Fred Mehta, Chandlers Ford, UK
Shouldn't the LSC be audtitted for waste?
BJ, London, England
I am a trainee barrister. The training process has taken 5 years & cost £50k (all of which is on loan). I don't see many other careers that require so much personal/financial risk, so if the Government want to refund me my training costs I might be able to accept these legal aid cuts less bitterly.
KK, London, England
If the legal profession was not so convoluted for the lay person we would not need theses "experts" at the cost the charge. Making 140k per annum for part of your work out of the misery of family disputes is obscene when other workers, teachers, nurses, police are not paid "what they are worth"
alton jarman, Stafford, Uk
I agree that the main point here is that the fees come from legal aid, the point is that fees are still too high relative other European countries.
Frankly I don't see why taxpayers should pay a premium rate for a mediocre service. By the way, I have decided not to be your mate.
nicholas brown, Oxford,
Nicholas, the problem is that "people" do not pay the fees. Its legal aid thats the issue. If you want to have a quality lawyer mate, someones got to pay. Their pay comes our taxs and preserves our rights, so less negativity and more support as this may seriously effect you one day.
tom, london,
it is depressing that the non productive professions are so well paid.
People should settle matters themselves without having the legal profession goading them into paying fees that could be better spent elsewhere
nicholas brown, Oxford,
We should understand the market value of a family barrister. They are (by and large) academically brilliant, determined, talented and working at least 12 hours a day 7 days a week. By a fair hourly rate that, should be about £140,000 a year so pay them what they are due, and more importantly, Worth.
lmr, london,
When (and hopefully never) the critics face proceedings in Family, Criminal or Repossession proceedings, I am sure they will want, and expect the best people available to defend them and allocate due time and care to their case. I do not see the problem with paying a fair market rate of £140k.
liam ryan, london,
1. Few family barristers earn £140,000
2. The LSC have been paying fees late for the last year anyway, regardless of barristers earnings. There are many barristers that are already in serious financial difficulties because they are taxed on their earnings which have not been paid.
Steve, London,
1) Lawyers 'own all the big buildings' because they have merged with each other, not because they are suddenly earning much more.
2) Why should repeat offenders not get legal aid?? Just because someone has committed crimes before, doesn't mean that they have committed THIS one.
Paul, Cambridge, UK
I remember when a lawyers used to have a couple of offices in a building, or ran from a small house. But thanks to that big fat cash cow called legal aid, they own all the big buildings in the centre of towns. Lastly, why should 'repeat, criminal offenders get legal aid?
David, Perth, Western Australia
The whole system should simply be shut down. People should sort out their own family problems, without the state handing out bits of paper saying couples are divorced.
Malcolm McLean, Bradford, UK