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12 March 2009
Issue: 7360 / Categories: Legal News , Legal aid focus , Legal services , Profession , Family
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Family barristers at break point

Pay cuts forcing family barristers to desert legal aid work

Family barristers are struggling with complex caseloads, disruptive patterns of work, and pay cuts, according to a report published last week.

Dr Debora Price and Anne Laybourne of King’s College London examined more than 5,000 cases undertaken by more than 1,600 barristers in one week in October last year for their study, The Work of the Family Bar. The report found a quarter of family barristers earned less than £44,000, and half less than £66,000 a year. Almost all family barristers supplemented their legal aid work with privately paid income. Dr Price said: “The work of the family Bar bears a heavy responsibility—the consequences of failure in advocating a client’s case are severe, and include the risk of children being returned to perpetrators of child abuse, the removal of a child from home and the loss of parental rights, domestic violence and homelessness.
“We found that legal aid pay for family barristers lags far behind private client rates and below the rates paid by local authorities. If further cuts in legal aid rates are imposed then there is evidence that this will spread to cases involving serious child abuse too.”

Desmond Browne QC, chairman of the Bar Council, says: “This compelling report provides hard evidence that government policies are driving skilled advocates out of the family justice system, leaving the most vulnerable in society exposed to miscarriages of family justice. The Bar Council is acutely aware of the deep commitment of family barristers, many of whom are now working to breaking point, as this research shows. It is especially regrettable that barristers are effectively penalised for doing legally aided family work, rather than privately paying work, and that this is hitting women and black and minority ethnic advocates hardest of all.”

The Legal Services Commission announced cuts to the family graduated fee scheme in February, and is proposing further cuts which will see payments cut by up to 55%, according to the Bar Council.

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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