Barristers - work

About 14,000 barristers in England and Wales	There are more than 14,000 practising barristers in England and Wales, of whom over 11,500 practise from Chambers as self-employed courtroom advocates and specialist advisers. Over 2,500 are registered as providing legal services to their employers, for example government organisations, commercial companies or firms of solicitors.
Barristers’ work	Advocacy in the superior courts - Crown Court, High Court, Court of Appeal and House of Lords - as well in the lower courts. Drafting legal documents and providing ‘opinions’.
The ‘independent Bar’	Self-employed, cannot form partnerships Seventy per cent based in London. Barristers in independent practice will normally work from a set of chambers - offices - of which there are about 500, along with other barristers and share overheads managed by a clerk.
Clerks	Extremely powerful, negotiate fees with solicitors and can steer work towards - or away from - a barrister.
Barristers’ contact with clients	Since July 2004, barristers have been allowed to offer their services directly to the public without the need to go through a solicitor. Despite this most barristers still require their clients to be referred by a solicitor. Previously, an individual ‘off the street’ could not see a barrister without first seeing a solicitor. The solicitor engaged (instructed) a barrister on behalf of client. The Bar (the collective noun for barristers) is sometimes called ‘a referral’ profession. A previous scheme called "BarDIRECT" allowed certain professionals, e.g. accountants and surveyors, trained CAB staff and law centres Trades Unions in employment tribunal cases direct access to barristers. Solicitors are still the only group of lawyers allowed to manage litigation. They alone are designated 'litigators' under the Courts and Legal Services Act. There has been relaxation of the rules in criminal, family or immigration work. Only a few barristers have embraced this option of direct instructions form clients and some barristers can be instructed via a website (BarristerWeb) or through the Bar Council.
The 'cab rank' rule	If barrister is available, and the work is within his field he must accept the brief, no matter how distasteful the client or the case. This rule guarantees everyone access to proper legal representation.
Employed barristers	Provide legal services to an employer, such as the Government, Crown Prosecution Service, Local Authorities and the Legal Services Commission. Also commercial firms and companies. Rights of audience are limited. Access to Justice Act 1999 gives rights of audience that they never previously had.
Non-practising barristers	Have no right of audience - are a distinct category with there own Association. Include those who pursue careers outside the Bar for example academics and MP’s e.g. Tony Blair.
Barristers' pay (how much do barristers earn)
BDO Stoy Hayward Survey 2000	The survey is the most comprehensive of its kind, based on 402 sets of chambers in England and Wales.
2002 survey	shows junior barristers leaving the profession because of shortage of money, read summary here.
Annual earnings	The average earnings of barristers in their first five years of practice ranged between £17,000 and £42,000.
Pupils pay equivalent of £10,000 a year	Since 1 Jan 2003, a barrister must be paid £833.33 a month his chambers during his first sixth months of training, however, much of this is clawed back in the second six months by chamber's fees. In the second sixth months a pupil barrister earns fees from clients and should receive a similar wage.
5-10 years earn well	Barristers qualified for five to ten years earn between £41,000 and £79,000, while those qualified for longer earn between £61,200 and £124,300.
Barristers' earnings Sept 2006	It is reported in The Lawyer that 18 barristers are earning more than £2m a year. A few are thought to have earned over £3m. This equates to £5,000 an hour and £50,000 for a day long conference. Such fees are justified by saving clients far more in the long-term and the huge sums at stake. Also, huge reputations are often at stake. As many as 30 barristers earned in excess of £1m. Most commercial sets of chambers have barristers consistently earning over £750,000 Those earning over £500,000 are easy to find. The average income of counsel in the top 30 sets reached £332,000. Daily rates in court can reach £10,000 but more likely to be £3,500-£6,000. The figures are in stark contrast to the earnings of barristers doing legal aid work, where £40,000 is considered a good salary.
QC’s	The 10 to 15 percent Queen's Counsel earn on average in excess of £250,000 a year.
Overheads	Overheads remain relatively small, varying from £200 to £30,000, with an average of about £8,000.
Chancery, best	Barristers doing Chancery, commercial, commercial and other specialist work have incomes twice as great as those working in criminal or family law do.
Barristers can sue for fees	From October 2007 barristers will be able to sue solicitors for non-payment of fees, if there is a legally-binding invoice. Previously solicitors could only be black-listed for non-payment. Any fee dispute will go to a compulsory arbitration scheme following which a barrister will be able to sue for outstanding fees. Historically, objections have included tax disadvantages, the danger of onerous terms being added to the contract and even the ‘distastefulness’ of lawyers suing each other. Previously barristers relied on a billing system from the 19th century which did not allow barristers to for unpaid fees. The timing of the agreement is not surprising as it will take effect shortly before the Legal Services Act which allows ownership of firms and the existing effect of direct access to barristers.
Long wait for fees	However, barristers wait for an average of 5½ months to be paid. The slowest payer is the Legal Aid Board.
Pro bono publica	Barristers are estimated to carry out £3 million to £4 million worth of free work every year. The Bar's Free Representation Unit also does some £1.6 million worth, and the Pro Bono Unit £1 million.
Mostly private work	60 per cent of the Bar's income comes from the private sector, with 10 per cent from government departments and local authorities.
30% Legal Aid work	The Legal Services Commission, the Crown Prosecution Service or the Lord Chancellor’s Department publicly funds just over 30 per cent.
Optimism	Most were optimistic about the future, despite perceived threats from other professions and reluctance in some parts of the profession to change.
Barristers "strike" over pay	Between April and June 2004, barristers refused to sign contracts with the Legal Services Commission in very high cost criminal cases (those which last 11-28 days, including murder, drug trafficking, fraud and terrorism cases); they were effectively on strike. If the deal had not been reached, defendants would have been released on bail. The government agreed to increase defence barristers' fees under a new scheme (thought to cost £15m). Daily rates are now £600 a day for a QC and £300 a day for a junior barrister putting annual earnings for a QC at £240,000 and a junior barrister £80,000. This does not mean that all barristers earn these figures; a newly qualified barrister is only guaranteed £10,000 a year in his/her first year.
Criminal barristers "strike" 3 October 2005	Cuts in barristers' pay starting 3 October 2005, are to help meet an annual deficit of £130 million in the Lord Chancellor's budget. Criminal Barristers have said that they will refuse to take on new cases. Many junior barristers, who may earn as little as £60 for a day's work before expenses, cannot afford to strike. An independent review of legal aid pay headed by Lord Carter of Coles is due to report next year. Guy Mansfield, QC, the chairman of the Bar, said the cuts should have been postponed during Lord Carter's review.
From "Pretty Straight Guys" by Nick Cohen pp236 and 237 Published by Faber and Faber - 2003 ISBN 0-571-220037-0 £14.99	"In 2000, 61 City lawyers who advised on corporate tax (the avoidance thereof), mergers and acquisitions made more than £1m a year [...] Lord Irvine, Tony and Cherie Blair's former pupil master, was a member of the legal "million pound club." A Hong Kong businessman reputedly gave him the first seven figure brief in legal history. Blair also elevated Peter Goldsmith to the peerage, and appointed him Attorney General [...] He had been one of the highest paid commercial QCs, making more than £1 million a year." "A solicitor in an East End firm might deal with the criminal justice system, but if she relied on legal aid for an income she would be lucky to earn £40,000 a year, and would never meet Irvine professionally or socially. The distance between them was unbridgeable."