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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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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