English civil law legal aid procedure ‘running on empty’, analyze finds

The civil regulation legal assist process in England and Wales is “running on empty” due to the fact of cuts imposed eight a long time back that are acquiring a “damaging effect” on barristers, a analyze has discovered

The Bar Council, which represents 17,000 barristers, questioned advocates and clerks working in places these kinds of as housing, immigration and family members law that have been hit by the Lawful Help, Sentencing and Punishment of Offenders Act, which arrived into pressure in April 2013 and eradicated massive swaths of disputes from being eligible for authorized help funding.

Many barristers reported that in contrast with 2013, they have been now earning a noticeably lessen hourly amount in dollars terms, the examine posted on Thursday found.

Derek Sweeting QC, chair of the Bar Council, claimed the consequences of underfunding of the civil lawful help system would continue on to snowball if action was not taken. “Our report finds a civil legal support method managing on an vacant tank, kept likely by nothing at all extra than the goodwill of the lawful occupation. This is not a sustainable way to assure the potential of these types of an necessary service for the general public.” he reported.

The report highlighted the difficulties the authorized help process was getting on grieving family members seeking illustration at inquests. This space has by no means been section of the lawful aid process and any individual who wants representation has to apply for “exceptional circumstance funding”, for case in point on community fascination grounds. 

Nonetheless the Bar Council research observed that quite a few barristers considered the mounted payment for inquests was far too low to put together appropriately a complicated case these types of as the dying of a prison inmate — exactly where a junior law firm representing the loved ones might nicely confront extra senior barristers representing condition agencies these types of as the police or Ministry of Justice. 

“This implies that, in follow, a bereaved spouse and children is likely to be represented by one particular junior barrister who, even with most effective attempts, has not had the time or source to absolutely familiarise by themselves with the background,” the Bar Council report explained. 

The study also found that senior barristers reported they had been remaining compelled to convert absent from legal aid get the job done in favour of improved-compensated non-public sector perform or to consider on a lot more situations to keep afloat fiscally. The report claimed this was top to legal help barristers “having to perform all-nighters, weekends and 60 or 70 hour doing work weeks”.

Emma Manning, a senior clerk at Backyard Courtroom chambers, is quoted in the report as stating: “During my profession I feel the most important factor that has happened is that barristers and solicitors are doing the job more difficult for less income. For barristers, cuts to funding have arrive in and minimized the hourly rates or taken funding absent completely.”

The research also highlighted problems from barristers about the latest government assaults on “activist lawyers”. 

Stephanie Harrison QC, a human legal rights law firm quoted in the examine, said: “I think they, the governing administration, does practically see those who practise in legal support as just a thorn in their side, and they even request to undermine them by contacting them ‘activist’ attorneys, the lawyers who are symbolizing persons and defending their rights in a politically sensitive area.”