Barristers remain bullish despite threats to fees
Nearly three-quarters of barristers said their practice has grown or remained stable in the last three years, according to research published today.
The growth comes despite challenges facing the independent bar, including government cuts to legal aid and a move towards fixed costs in private cases, both of which are driving down fees.
The survey by legal research business Lexisnexis found 37 per cent of barristers said their practice had grown compared to three years’ previously, 36 per cent said their practice was stable and 21 per cent said it had declined.
The outlook for the next three-to-five years among barristers was bullish, with 39 per cent saying they expected their practice to grow, 28 per cent saying they expected it to remain stable and eight per cent saying they expected it to shrink.
The confident outlook comes despite a perception that there are serious threats to the future of the bar.
Respondents rated managing well-being and increasing resilience as the biggest challenge they faced, with the advent of mobile phones and emails leading to an expectation barristers would be always contactable.
One barrister surveyed said: “Balancing family and the bar is becoming more difficult,” while another said: “Non-stop availability via emails and phones is really problematic for our well-being.”
Rising costs was identified as a major challenge by nearly 40 per cent of respondents, with more junior barristers grappling with rising tuition fees and living costs, and more established barristers facing what one respondent called “excessive rents and business rates”.
For criminal and family barristers doing publicly funded work, cuts to legal aid are a major concern.
One respondent said: “The legal aid crisis is fundamental. Even as an experienced, successful barrister I spend much of my time working for free. I spend endless days, evenings and hours perfecting a case knowing I will not be paid for it.”
Another said: “Cuts to legal aid have poisoned the well and structurally damaged the rule of law across the whole legal structure.”
Christopher O’Connor at Lexisnexis said: “There is optimism across the profession, but clearly the bar is at breaking point. How barristers operate, and approach work will have to change, for the bar to be able to futureproof their sector within the legal profession.”