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The Battle for Barristers in London

Courtesy of BBC.

Since June, there has been a startling number of strikes among criminal barristers in the United Kingdom. This ongoing battle for the Barristers in London has been constant since September. Their aversion to work results from the contentious issues the government has failed to address. Barristers continuously face inadequate pay, case backlogs, staff cuts, court closures, and the lack of justice for victims. These strikes are not surprising to most. For a while, members of the Criminal Bar Association, representing barristers (English lawyers) in England and Wales, have consistently felt overworked and undervalued. Often complain that the pay is incomparable to living costs in London. Since 2006, Barristers have endured income. They have experienced over a 28% decrease due to underfunding.

Specifically, the CBA wants a 25% rise in legal aid fees for representing defendants who could not otherwise afford lawyers. The UK government tried to appease the Barristers by offering a 15% pay offer. However, members opposed that offer because it wouldn’t go into
effect immediately or apply to current cases. As a result, the overwhelming majority (approximately 79.5%) voted in favor of escalating the strike in August.

The walkout has not interrupted daily life; however, there have significant consequences in the justice system. Most importantly, the court justice system regarding criminal proceedings has been significantly delayed. In addition, the squeeze for barristers affects the entirely legal
system. As barristers leave the field, there becomes a shortage of candidates for prosecutors and judges. And many courts have closed as a result of this. There have been more catastrophic events as a result of this ongoing strike.

Most importantly, victims of these crimes will not be able to receive the justice they seek or feel safe in their community. Currently, courts in England and Wales are experiencing a severe backlog. Over 58, 271 cases are awaiting trial. In response to the overload of issues, the  government proposed another action. This month, the government proposed offering 15% to cover not only newly filed cases but the current 60,000 pending at court. Some barristers are satisfied with this increase; however, others are not. The unsatisfied barristers say that criminal
defense is financially tenuous and advise new barristers to work in more lucrative fields such as family law. In addition, many believe that with the inflation rate rising exponentially, a 15% increase from the government is hardly transformative. However, this is much more favorable than not receiving aid altogether. According to the Criminal Bar Association, most barristers (approximately 57%) voted to support the government’s efforts.

Finally, many barristers hope that they can start a constructive relationship with the government through strikes and negotiations. Coming to amicable terms with the government is a significant breakthrough. The members are passionate about trial advocacy and want to continue to work. The justice system is happy that the barristers are returning to work, although it is unclear how long it would take to clear the backlogs. 

Article Written by Jasmine Geyen. 

Sources: 

https://www.bbc.com/news/uk-62629776

https://www.bigissue.com/news/employment/why-are-barristers-striking/

https://www.nytimes.com/2022/10/10/world/europe/uk-barristers-lawyers-end-strike.html

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