Criminal Bar Strikes​

By Jake Rickman​

What do you need to know this week?

Criminal barristers in England and Wales are due to launch an indefinite strike beginning 5 September following a ballot that saw 79% of barristers represented by the Criminal Bar Association voting to approve the action. The effect of the strike will bring the criminal courts to a halt, as barristers refuse to take on new cases or pick up returned cases. Factors the striking barristers have cited as relevant include pay, working conditions, and collapsing rates of government investment in the criminal court systems — all of which stem from more than a decade of cuts to legal aid, which is the primary way that the criminal court system is funded.

Ministers have already indicated they will raise legal aid fees by 15% which will increase the average income of a criminal barrister by £7,500. However, the striking barristers are demanding a 25% increase as a condition for calling off the strikes.

Why is this important for your interviews?

The fact is that the pay differential between criminal lawyers and the commercial sector is stunning. According to the Secret Barrister, the median income for junior criminal barristers in the first three years of practice is £12,200 compared to an NQ (newly qualified) at some of the top City firms, which at the upper end exceeds £160,000. Despite being paid 13 times less, both commercial and criminal lawyers work similar hours. What is more, whereas commercial solicitor pay has shot up massively over the years, after accounting for inflation, junior criminal barrister pay has fallen 28% since 2016. As a result, 22% of junior barristers have left the profession since 2016.

All this being the case, you may still be wondering why exactly we are highlighting issues in the criminal law system — or, more accurately, the criminal court system. After all, TCLA does not stand for The Criminal Law Academy. And to be clear, we are not suggesting that this is the most relevant commercial issue to raise if you are prompted to discuss the news in an interview. That said, there is a case to be made that the issues impacting our colleagues in the criminal courts have wider implications for the law more generally, including the commercial law.

Ultimately, as individuals entering the legal profession, it is important to have a balanced perspective on the issues impacting the profession as a whole. It may sound idealistic, but England’s legal system derives its popularity in part from the perception that it is fair and just. That is, the legal system and the government respect the rule of law. One could argue that a collapsing criminal court system throws into question the legitimacy of the civil courts, which is one of the most popular venues for commercial disputes in the world. More generally, English law is the de facto default governing law for international trade and commerce.

How is this topic relevant to law firms?

An indirect effect of the slashes to legal aid is that private practice firms absorb more pro bono initiatives. While law firms take their commitment to pro bono seriously, we might query if it is just and proper for private partnerships to take on an increasing proportion of work traditionally reserved for institutions funded by legal aid.