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Legal aid cuts prompt top lawyers to leave the bar for careers on the bench Legal aid cuts prompt top lawyers to leave the bar for careers on the bench
(4 months later)
It has been dubbed the stampede for "the purple lifeboat" – applications to become judges have more than doubled over the past four years as senior lawyers seek professional sanctuary on the bench.It has been dubbed the stampede for "the purple lifeboat" – applications to become judges have more than doubled over the past four years as senior lawyers seek professional sanctuary on the bench.
Eagerness for the purple robe of a crown court judge, and its accompanying salary of £129,579, has produced intense competition and a high calibre of appointments for the judiciary.Eagerness for the purple robe of a crown court judge, and its accompanying salary of £129,579, has produced intense competition and a high calibre of appointments for the judiciary.
Among the latest prominent recruits is Robert Jay QC, lead counsel to the Leveson inquiry, who in June will join the high court, where judges wear red robes and receive £174,481 a year. No one suggests the 53-year-old has arrived early, but a newfound enthusiasm for judicial office, according to experienced lawyers and judges, is a response to the darkening mood among barristers and solicitors, who are bracing themselves for further deep cuts in legal aid.Among the latest prominent recruits is Robert Jay QC, lead counsel to the Leveson inquiry, who in June will join the high court, where judges wear red robes and receive £174,481 a year. No one suggests the 53-year-old has arrived early, but a newfound enthusiasm for judicial office, according to experienced lawyers and judges, is a response to the darkening mood among barristers and solicitors, who are bracing themselves for further deep cuts in legal aid.
Having sliced £320m out of the annual civil legal aid budget, the Ministry of Justice wants to save £220m from the budget for criminal legal aid. Costs of judicial reviews are to rise steeply, fees will be slashed, contracts are to be based on competitive tendering and defendants on legal aid will lose the right to choose their solicitor. Solicitors' firms may merge or fold.Having sliced £320m out of the annual civil legal aid budget, the Ministry of Justice wants to save £220m from the budget for criminal legal aid. Costs of judicial reviews are to rise steeply, fees will be slashed, contracts are to be based on competitive tendering and defendants on legal aid will lose the right to choose their solicitor. Solicitors' firms may merge or fold.
The consultation paper launched by the justice secretary, Chris Grayling, last month alarmed already despondent lawyers reliant on publicly funded cases.The consultation paper launched by the justice secretary, Chris Grayling, last month alarmed already despondent lawyers reliant on publicly funded cases.
Michael Turner QC, chair of the Criminal Bar Association, whose members have experienced heavy fee cuts over the last four years, has no doubt about the impact of the latest proposals: "The criminal bar will be destroyed. The cuts planned in fees for high cost cases are 30% or more and for graduated fee cases 17.5% or more."Michael Turner QC, chair of the Criminal Bar Association, whose members have experienced heavy fee cuts over the last four years, has no doubt about the impact of the latest proposals: "The criminal bar will be destroyed. The cuts planned in fees for high cost cases are 30% or more and for graduated fee cases 17.5% or more."
According to the ministry, defence lawyers' fees for a guilty plea case are currently £408 and £1,149 for a five-day trial.According to the ministry, defence lawyers' fees for a guilty plea case are currently £408 and £1,149 for a five-day trial.
Turner added: "It will be uneconomic for barristers doing publicly-funded cases to remain in chambers. The effect on the number of places for pupillages [training posts] will be devastating.Turner added: "It will be uneconomic for barristers doing publicly-funded cases to remain in chambers. The effect on the number of places for pupillages [training posts] will be devastating.
"It will have a negative effect on diversity. The bar will become the preserve of rich white males. Corporate firms will move in and barristers will eventually work in-house. The independent-minded judiciary will disappear as a corporate ethos takes over."It will have a negative effect on diversity. The bar will become the preserve of rich white males. Corporate firms will move in and barristers will eventually work in-house. The independent-minded judiciary will disappear as a corporate ethos takes over.
"It's the most experienced who will go on the dole. The firms won't want to take on expensive lawyers. That's why people want to get out earlier on to the bench than they might have: they know there's going to be nothing left [of the publicly-funded bar]. It's known as the red, or purple, lifeboat.""It's the most experienced who will go on the dole. The firms won't want to take on expensive lawyers. That's why people want to get out earlier on to the bench than they might have: they know there's going to be nothing left [of the publicly-funded bar]. It's known as the red, or purple, lifeboat."
The Judicial Appointments Commission records that in 2007/8 there were 2,535 applications for positions as judges or chairs of tribunal (some of them from doctors who sit on specialist tribunals). By 2011/12, the last year for which figures are available, the number of applications had risen to 5,490.The Judicial Appointments Commission records that in 2007/8 there were 2,535 applications for positions as judges or chairs of tribunal (some of them from doctors who sit on specialist tribunals). By 2011/12, the last year for which figures are available, the number of applications had risen to 5,490.
There is certainly room on the benches of England and Wales: at the last count 3,575 judges and a further 2,060 legally qualified tribunal chairmen and women were sitting.There is certainly room on the benches of England and Wales: at the last count 3,575 judges and a further 2,060 legally qualified tribunal chairmen and women were sitting.
Sir Edward Garnier QC, former solicitor general and Conservative MP, said: "There are people queuing up to become circuit and crown court judges, particularly experienced barristers and QCs who see no future at the criminal bar. They are applying in their droves. The criminal bar is really struggling. The criminal bar will be unrecognisable in the long term. Where are we going to find future criminal judges?Sir Edward Garnier QC, former solicitor general and Conservative MP, said: "There are people queuing up to become circuit and crown court judges, particularly experienced barristers and QCs who see no future at the criminal bar. They are applying in their droves. The criminal bar is really struggling. The criminal bar will be unrecognisable in the long term. Where are we going to find future criminal judges?
"If you go around the criminal law sets around the country, you see third-hand Vauxhall estates parked outside. They drive from court to court, some from a sense of vocation and others because they are stuck.""If you go around the criminal law sets around the country, you see third-hand Vauxhall estates parked outside. They drive from court to court, some from a sense of vocation and others because they are stuck."
The threat to barristers' and solicitors' lifestyles is acknowledged by Lord McNally, the minister responsible for legal aid. Addressing a Westminster legal policy forum meeting, he said: "An ancient profession doesn't naturally take to talking about business models … but [it] is going to go through a period of restructuring.The threat to barristers' and solicitors' lifestyles is acknowledged by Lord McNally, the minister responsible for legal aid. Addressing a Westminster legal policy forum meeting, he said: "An ancient profession doesn't naturally take to talking about business models … but [it] is going to go through a period of restructuring.
"We know from other sections of the economy that can be painful and there's resistance, [but] it's also inevitable. I don't think our changes will undermine quality but we are taking on the most articulate profession where it hurts.""We know from other sections of the economy that can be painful and there's resistance, [but] it's also inevitable. I don't think our changes will undermine quality but we are taking on the most articulate profession where it hurts."
The UK's most senior judge, Lord Neuberger, president of the supreme court, last week reflected concern about the reforms and questioned government assumptions.The UK's most senior judge, Lord Neuberger, president of the supreme court, last week reflected concern about the reforms and questioned government assumptions.
"While it is true that legal aid is higher per capita in the UK than in almost all other countries in Europe, our judicial and court costs are much lower per capita," he told the Harbour Litigation Funding lecture. "We have common law judges who are simply umpires; [elsewhere] they have juges d'instruction, who are far more pro-active. England and Wales have fewer than 40 appeal court judges; Paris alone has, I believe, over 150.""While it is true that legal aid is higher per capita in the UK than in almost all other countries in Europe, our judicial and court costs are much lower per capita," he told the Harbour Litigation Funding lecture. "We have common law judges who are simply umpires; [elsewhere] they have juges d'instruction, who are far more pro-active. England and Wales have fewer than 40 appeal court judges; Paris alone has, I believe, over 150."
Neuberger added that the justice secretary was "facing a strong reaction from the bar, even strikes, because of the cuts he is making as a result of the reduction in his department's budget".Neuberger added that the justice secretary was "facing a strong reaction from the bar, even strikes, because of the cuts he is making as a result of the reduction in his department's budget".
He said: "Many may feel the irreducible minimum is fast approaching, or has even been reached, but, rather than talking about the end of the bar, barristers and other advocates should be working out how to ensure it survives."The pursuit of judicial refuge may produce a paradoxical effect: in the short term a rich infusion of talent for the benches; but beyond that, critics argue, the future looks bleak.Sympathy for barristers – popularly perceived as wallowing in claret, six-figure salaries and refresher fees – is limited. The picture is complicated by the boom in commercial litigation, drawing in Russian, Saudi and other wealthy clients.He said: "Many may feel the irreducible minimum is fast approaching, or has even been reached, but, rather than talking about the end of the bar, barristers and other advocates should be working out how to ensure it survives."The pursuit of judicial refuge may produce a paradoxical effect: in the short term a rich infusion of talent for the benches; but beyond that, critics argue, the future looks bleak.Sympathy for barristers – popularly perceived as wallowing in claret, six-figure salaries and refresher fees – is limited. The picture is complicated by the boom in commercial litigation, drawing in Russian, Saudi and other wealthy clients.
For high-street lawyers, the dilemma is more acute. Fewer solicitors become judges and their firms are being squeezed by a relaxation in rules allowing larger businesses, such as the Co-op, to enter the legal market.For high-street lawyers, the dilemma is more acute. Fewer solicitors become judges and their firms are being squeezed by a relaxation in rules allowing larger businesses, such as the Co-op, to enter the legal market.
If defendants on legal aid (who make up most of those facing criminal prosecution) are no longer able to choose their solicitor, opponents of the changes warn, the quality of legal representation will slide. There will be more miscarriages of justice.If defendants on legal aid (who make up most of those facing criminal prosecution) are no longer able to choose their solicitor, opponents of the changes warn, the quality of legal representation will slide. There will be more miscarriages of justice.
What may excite greater public response is the plan to restrict criminal legal aid to households with a disposable joint income of less than £37,500. The middle classes may, in future, have to pay for their own courtroom defence.What may excite greater public response is the plan to restrict criminal legal aid to households with a disposable joint income of less than £37,500. The middle classes may, in future, have to pay for their own courtroom defence.
The deadline for response to the justice ministry's consultation is early June. The Bar Council, which represents all barristers, is organising a lobbying campaign. A protest outside parliament is being organised for 22 May. There are threats that lawyers will boycott the new criminal defence contracts. "They are unworkable," Turner warned. The sums on offer are too small and will "incentivise" lawyers to encourage clients to enter guilty pleas, he said. "The reason we are so successful in attracting wealthy clients to London for civil litigation here is the tradition of criminal barristers and Rumpole – but those are the parts of the law that will disappear. [If necessary] we will take direct action."The deadline for response to the justice ministry's consultation is early June. The Bar Council, which represents all barristers, is organising a lobbying campaign. A protest outside parliament is being organised for 22 May. There are threats that lawyers will boycott the new criminal defence contracts. "They are unworkable," Turner warned. The sums on offer are too small and will "incentivise" lawyers to encourage clients to enter guilty pleas, he said. "The reason we are so successful in attracting wealthy clients to London for civil litigation here is the tradition of criminal barristers and Rumpole – but those are the parts of the law that will disappear. [If necessary] we will take direct action."
Rumpole of the Bailey, the pugnacious barrister created by John Mortimer, of course constantly resisted promotion to the bench.Rumpole of the Bailey, the pugnacious barrister created by John Mortimer, of course constantly resisted promotion to the bench.
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