Money matters – and crime doesn’t pay

As a clinical negligence trainee solicitor, I boasted a charge out rate of more than £160 per hour. I could not afford to instruct myself.

Criminal legal aid solicitor John Deeley, with nearly 50 years’ experience, charges £42.80 an hour for most of the work he does. So that means that I – a trainee with just short of two years’ practical experience – charged nearly four times more than someone who was practising law long before I was born.

Mike Deeley, John’s twin, practises in personal injury and clinical negligence law. Despite their parallel careers, Mike charges more than six times’ John’s rate.

It will not come as a surprise then that the presence of junior lawyers in criminal law is diminishing. A recent Law Society study revealed that only 4% of criminal duty solicitors are under the age of 35, while 80% of those under five years’ PQE think that criminal law is not an attractive long-term career due to legal aid.

Those astonishing figures prompted me to speak to both John, duty solicitor and solicitor-advocate, and paralegal Ellie Fountain to help me understand where it is all going wrong.

Cost-of-living crisis

In employment, many factors, including job satisfaction, are important. But given the cost-of-living crisis, money is naturally at the forefront of everyone’s mind. There remains a misplaced assumption among those outside the profession that all lawyers are wealthy, yet the statistics continue to prove otherwise.

John noted that although higher-paid opportunities can arise, ‘you have to be prepared to work hard for little money at the beginning’. This is especially true for criminal barristers. The Bar Council found that publicly funded criminal barristers typically earn less than £13,000 per year, pre-tax, during their first two years of practice. This works out at less than the national minimum wage for over-18s (on the presumption the barrister is working a 40-hour-week, when in reality they often work far longer).

This is harrowing, especially considering that people will always commit crime, and will always need representation. As Ellie pointed out: ‘Like the NHS, criminal legal aid is a vital public function relied on nationwide and will always be needed. Everyone should have access to justice and the criminal legal aid system is one of the mechanisms that ensures everyone does.’

Emotional support

Studies also show that lawyers are rarely offered professional debriefing or wellness support, despite the trauma criminal lawyers are exposed to daily. John noted: ‘The thing that exists in criminal law is the support mechanism between the lawyers themselves… there is a certain camaraderie between criminal lawyers – often, you run things past each other.’

Ellie agreed: ‘There is lots of consulting with colleagues for their opinion and they are always willing to help and lend their expertise.’ The relationship between criminal lawyers is special and the solidarity between them remarkable. This is demonstrated by the support given to our colleagues during their recent strikes.

Investment woes

It is no secret that the criminal justice system is crying out for investment. The Law Society has stated: ‘Proper funding and proper remuneration is required. The sector cannot attract or keep junior lawyers, nor can it survive unless practitioners are properly paid.’

The government has accepted the recommendation by Sir Christopher Bellamy for investment of £135m and an increase in legal aid fees – but it has not agreed how it will be implemented.

The Junior Lawyers Division and others have suggested a statutory instrument to allow the funding to be crystallised more quickly. The system has continued to fail those involved by not reversing the 8.75% fee cut from 2014 and not meeting the suggested 15% fee increase for practitioners immediately.

Legal aid is a lifeline for some and being charged with a crime does not mean guilt. It is a cornerstone of our judicial system that everyone deserves representation, regardless of their circumstances. Crime is an area where the consequences can be of the utmost seriousness. Ellie advised me: ‘The funding of the system needs to reflect the gravity of what it’s dealing with.’ People should not be deprived of the opportunity of good legal representation just because they have been charged with a criminal offence, nor should criminal lawyers/practices suffer the constant threat of collapse from lack of profitability.

What now?

The battle for increased funding is longstanding and must continue. Ellie told me: ‘How can a junior lawyer from a working-class background afford to live on these salaries with no other financial means or support? Junior lawyers are even more disproportionally affected by the cuts.’  

Criminal practice can provide the most rewarding results. It can be a life-changing job. Junior lawyers are part of a movement to press for changes. Our concerns are raised at the highest levels, but this can only be done with the help of the legal community in spreading awareness of the current deteriorating system.

We must hope the new lord chancellor will finally listen and take action.

Victoria Zinzan, a member of the Junior Lawyers Division national executive committee, is now a solicitor at Irwin Mitchell