Criminal barristers are threatening disruptive action if the Ministry of Justice goes ahead with cuts in legal fees of up to 30%. The Criminal Bar Association claims it is "being squeezed out of existence" and that more than half its 5,000 members in England and Wales now earn less than £40,000 a year, out of which they have to pay for travel and chamber expenses.
The MoJ, which aims to save £220m through legal aid cuts, says the 30% cut applies only to cases classified as "very high-cost cases" (VHCCs) and is likely to affect better-paid barristers. They will come into force by the end of the year.
Nigel Lithman QC, the new chair of the Criminal Bar Association, said barristers are considering a range of responses. They include refusing to accept new cases, even those from the Crown Prosecution Service, if offered on the basis of 30% cuts or any reduced rates.
He said: "The criminal bar is being squeezed out of existence. People are leaving in droves. The 30% cuts in many cases come on top of a 40% cut in fees since 1997. The most able barristers are not going to go into crime … Where are we going to find judges of any ability in years to come?"
Lithman has written to the heads of chambers across England and Wales seeking support. "Our action will be lawful and proportionate to the cuts," he added. "The question posed [by the MoJ's consultation on legal aid] is whether we wish to become extinct by the sword or the gun." Any action could come within weeks, Lithman said.
MoJ concessions – preserving a defendant's ability to choose their solicitor and dropping price-competitive tendering – have partially calmed opposition among lawyers following a series of mass street protests.
The imminent prospect of further fee cuts, however, is stirring anxiety in the profession. One set of chambers, Tooks in London, has announced that it will close this autumn, blaming the closure on legal aid cuts. A further protest against legal aid cuts is due to be held in Manchester this Saturday.
A meeting of hundreds of London solicitors on Tuesday also voted unanimously to take action in protest against the latest round of legal aid cuts.
Paul Harris of the London Courts Solicitors Association said: "It's depressing we have reached this stage. If you are a criminal defence lawyer you believe in justice for all and that people are innocent until proven guilty, we have to stand up and be counted. These cuts are an insult to justice."
A Ministry of Justice spokesperson said: "At around £2bn a year we have one of the most expensive legal aid systems in the world. At a time when everyone has to tighten their belts, we can no longer close our eyes to the fact legal aid is taxpayers' money and it is costing too much.
"We listened closely to the original consultation responses and have issued revised proposals on criminal advocacy fees that build on comments from the
Bar Council and Bar Circuit Leaders, among others.
"Our proposals would have more of an impact on those earning the most from legal aid – for example under our proposals a criminal barrister earning £530,000 would still receive around £430,000.
"It would be disappointing if some barristers chose to disrupt court schedules — this does not help them and simply inconveniences the court, the public and their clients. We have been ready to listen to views throughout the reform process and revised proposals on advocacy fees are still currently out to consultation. We encourage barristers to respond to the consultation, rather than taking disruptive action."
