So, is pro bono a possible answer? “Pro bono can never replace full access to justice with a paid lawyer,” FitzGibbon said. “I fear that those in power will be tempted to rely on pro bono and other assistance services to obtain legal aid, which is not a good answer to the difficulties of access to justice.” FitzGibbon notes that many lawyers already do pro bono work and praises pro bono activities such as the Innocence University Projects, but notes that they primarily provide legal aid in areas that have never been properly funded by legal aid, such as historical appeals. “But you can`t use pro bono for ordinary criminal proceedings: you need proper professional support for that.” “I think anyone who wants to pursue a career in legal aid now needs to go with their eyes open,” says Mary-Rachel McCabe. “You`d be foolish to think you`re going to end up being very rich, but at the same time, you can make a living as a lawyer.” It`s not just the result of recent cuts – “criminal law has never been an area of the profession where you entered with the ambition of becoming a millionaire,” Francis FitzGibbon reminds us. “But that doesn`t mean it`s impossible to make a living as a criminal defense lawyer – even to live well.” We say `old` because the salary of the shadow justice minister is now slightly higher. According to Parliament`s website, an MP`s annual base salary is £79,468. Members of the European Parliament also receive fees to cover the costs of running an office, employing staff, accommodation in London or in their constituency and travelling between Parliament and their constituency. In 2013, we reported that cuts and reforms to legal aid would result in longer hours and more paperwork for practitioners. “I think this industry has always required long hours and a lot of paperwork, but the changes have certainly resulted in longer hours and more paperwork,” says McCabe. Most of the paperwork is the responsibility of lawyers who apply for legal aid for their clients, but lawyers must also take care of it. For example: “Before the cuts, civil legal aid paid a fixed hourly rate in all areas. Now there is a lower base hourly rate and you can claim a 50% improvement if there is exceptional complexity, if you have worked at exceptional speed, or if your client is facing extraordinary circumstances.
Asking for this extension takes a long time: I can often spend 25 minutes after a case. Even then, McCabe says, the AAL can decide not to grant the improvement, which then requires a lengthy call to grant the improvement — it all seems tediously bureaucratic. Criminal cases have also become heavier on paper, FitzGibbon says. “It`s a long-term trend, but it`s accelerating. The rules now require more bureaucracy and filling out forms, which takes more time outside of court. And remember, while it`s tempting to let salary information dictate your career choices, don`t let numbers stop you from pursuing an area of law you`re truly passionate about. Money is not everything and there are many other things you should consider when planning your legal career. For example, to determine which qualification path is right for you, which areas of law interest you, and what type of law firm is best for you. “You`d be foolish to think you`re going to end up being very rich, but at the same time, you can make a living as a lawyer.” In the face of all the challenges, why hire lawyers? “I think working as a legal counsel is an absolute privilege,” McCabe said. “The provision of legal aid is an essential element of the separation of powers in a democratic society.
The clients I represent are ordinary people with ordinary problems that have often never been listened to before. When they come to see me, things have really deteriorated, and this is the last chance show. And then I get to help them in some way. “The current legal aid environment is really worrisome. We could have a situation similar to the United States, where there is so little legal aid that pro bono projects take on most of that role. Many are concerned that the way pro bono projects are carried out is not as efficient or of such a high standard. It is a daunting task to ensure this. Interns in legal aid firms used to have access to substantial grants from the Commission des services juridiques (LSC) – the predecessor of the Agence d`aide juridique – to finance their training costs and salaries. The program, which supported about 100 trainees per year, was discontinued in 2010. The government said this would save £2.6 million a year and that there are “too many lawyers pursuing too little work”.
In fact, the program appears to have been replaced by unpaid work experience and increased reliance on paralegals: in a 2014 survey of 630 young lawyers conducted by the Law Society`s junior personnel department, 30% had completed between one and three months of unpaid work experience, 23% more than six months. Sixty percent had worked as paralegals to obtain a contract; an increase of 15% since 2013. Paralegals usually have legal training but are not licensed as lawyers. They often do files, but under supervision, and receive a lower salary. According to Law Society statistics, the median annual income of assistants and associate lawyers in private practice was £47,000 in 2016, which increased by £1,000 in 2019. The changes also mean longer working hours. McCabe tells us, “Because of the hourly wage cuts and the judicial review work I do, which may not get legal aid, I have to take on a huge amount of work to make it worthwhile. I also have to work very efficiently: AAL only pays for the time they need for a job. For example, they will only pay you for five hours of work to write grounds of judicial review, but for someone at my level, it may take eight or nine hours. “Even as a practicing lawyer, not all of your income may come from legal aid.
There is enforcement work on the criminal side and paid work in the private sector in areas such as social housing and family law. “I absolutely have to subsidize my legal aid work with private work if I can,” McCabe says. Often, it is still public service – for example, for social housing tenants who can afford to pay privately. Diversification is important. When we spoke to McCabe, she told us she was considering working in a new niche of family law: FGM protection orders, which were introduced in 2016 and are funded by police or social services. While Magic Circle interns earned £100,000 in pre-COVID salaries, the five largest companies decided to cut salaries by up to 10% during the pandemic. Some of these companies have since decided to raise NQ`s wages, but they are currently lagging behind pre-pandemic levels. For example, Allen & Overy reduced its NQ wages to £90,000, but that figure has now been increased to £95,000. Linklaters also reduced theirs to £90,000, but has since increased it to £92,500. NQ`s lawyers for Slaughter and May will now earn £90,500 after the salary was initially cut to £87,000 to limit the financial impact of coronavirus.
“The forgotten pillar of the welfare state,” legal aid, is government funding for people who are unable to afford legal representation in criminal, housing, family, immigration and other matters. He also notes that cuts in legal aid have led to a consolidation of law firms. “A number of smaller companies have merged or been taken over by larger companies like Tuckers and One Legal.” There have also been closures: many small immigration businesses for legal aid have had to close their stores, as well as several legal centres. Interns` salaries in Scotland tend to be lower than in the rest of the UK – the rate recommended by the Law Society of Scotland is £19,500 for first-year trainees and £22,500 for second-year trainees. For more information, see Solicitor, Scotland. Technically, there is no official minimum wage for aspiring lawyers, but the Law Society recommends a minimum of £22,794 for those trained in London and £20,217 for trainees in other parts of the country. “We need to get the message across that legal aid is still available in some cases, and if not, we want to commit to providing at least some initial advice,” says Forest. The cuts were bad news for the legal profession and the Bar Association. First, there are fewer jobs.
“The bar shrinks a lot at the bottom,” says Francis FitzGibbon. According to the Bar Standards Council, there were only 1,339 lawyers with five-year appeals in practice in 2015, down from 2,663 in 2010. It is not only the result of the cuts to legal aid, but they have certainly contributed to it.