Barristers vote for all-out strike over pay - how much do they earn?

Criminal barristers from the Criminal Bar Association (CBA), which represents barristers in England and Wales, outside the Old Bailey, central London, on the first of several days of court walkouts by CBA members in a row over legal aid funding. Picture date: Monday June 27, 2022.
Criminal barristers outside the Old Bailey, central London, on the first of several days of court walkouts. (PA)

Barristers have voted overwhelmingly in favour to escalate industrial action over a row about pay, conditions and legal aid.

The Criminal Bar Association, which represents lawyers prosecuting and defending those accused of crimes in England and Wales, said members had chosen to strike "on an indefinite basis" from Monday 5 September.

Since late June, CBA members have been walking out on the courts on alternating weeks.

Almost 80% of the 2,273 members who voted in the ballot opted to escalate the action.

Previously, a union leader warned many barristers earn so little money they get home from a day at work with less cash than they started with.

Those on strike say they are barely being paid enough to live on, with their wages coming in under minimum wage when their hours are taken into account.

The CBA has said its members, on average, have seen a decreased in earnings of 28% since 2006, when inflation is taken into account.

It has also accused the government of refusing to engage in negotiations "aimed at finding a fair settlement" to their demands.

File photo dated 11/7/2022 of criminal defence barristers outside the Houses of Parliament in London as they support the ongoing Criminal Bar Association (CBA) action over Government set fees for legal aid advocacy work. Barristers are waiting for the results of an all-out strike ballot for industrial action next month as part of a row with the Government over jobs and pay. Members of the CBA have been walking out on alternate weeks but have been balloted on an indefinite, uninterrupted strike that would start on September 5. Issue date: Monday August 22, 2022.
Criminal defence barristers outside the Houses of Parliament in London as they support the ongoing Criminal Bar Association (CBA) action over Government set fees for legal aid advocacy work. (PA).

CBA vice chairwoman Kirsty Brimelow QC said this is “last-resort action” over a demand for less money than it costs the Government for the courts to sit empty.

She told BBC Breakfast: “The effect (of the strike) will be that the courts continue to sit empty with trials and cases not being heard. It is a last-resort action.

“The remedy is for an injection of money into the backlog of cases, which currently stands at 60,000 cases, that barristers are working on that will cost the Government only £1.1 million per month.

“Currently, it’s costing much more for the courts to sit empty.”

Watch: Why are barristers striking? Legal aid row explained

According to Ministry of Justice (MoJ) figures, more than 6,000 court hearings have been disrupted a result of the dispute over conditions and Government-set fees for legal aid advocacy work.

Data released under freedom of information laws show that during the first 19 days of industrial action – between June 27 and August 5 – there were 6,235 court cases disrupted, including 1,415 trials, across England and Wales.

Barristers on picket lines have accused the Government of not listening to their concerns about the criminal justice system, and are angry that a proposed pay rise of 15% would not kick in immediately or apply to backlogged cases.

Chair of Criminal Bar Association Jo Sidhu speaks outside the Old Bailey, central London, where criminal barristers from the Criminal Bar Association (CBA), which represents barristers in England and Wales, take part in the first of several days of court walkouts by CBA members in a row over legal aid funding. Picture date: Monday June 27, 2022.
Chair of Criminal Bar Association Jo Sidhu outside the Old Bailey. (PA)
Criminal barristers from the Criminal Bar Association (CBA), which represents barristers in England and Wales, outside Manchester Crown Court on the first of several days of court walkouts by CBA members in a row over legal aid funding.Picture date: Monday June 27, 2022.
It is believed 12% of barristers earn below £30,000 a year. (PA)

How much do barristers earn?

Barristers - who are self-employed - are often perceived as high-earning, and according to a recent review, the median earnings for a criminal barrister in the year 2019-20 was £79,800. However, the reality is that their salaries vastly differ depending on a range of factors.

According to The Lawyer, 12% of barristers earn below £30,000 a year.

Criminal barristers on the lower end of the scale can even earn as little as £9,000, figures have shown, once their expenses are taken into account.

Those who have less than two years' experience earned a median of £25,100 before expenses and a net figure of £18,800 after expenses, statistics show.

On the upper end of the scale, 2% of barristers earn £1million or more a year.

Lawyers who work in areas such as private corporate law can earn around £100,000 from very early on.

In 2020, figures show 23% earned between £90,000 and £150,000, 14% earned between £150,000 and £240,000 and 11% earned between £240,000 and £500,000.

Criminal barristers from the Criminal Bar Association (CBA), which represents barristers in England and Wales, outside Manchester Crown Court on the first of several days of court walkouts by CBA members in a row over legal aid funding.Picture date: Monday June 27, 2022.
Criminal barristers from the Criminal Bar Association (CBA), which represents barristers in England and Wales, outside Manchester Crown Court. (PA)

Why are barristers going on strike?

Barristers represent people in court, and have launched a strike over legal aid payments.

Under the legal aid system, which has faced cuts in recent years, barristers are paid by the government so suspects who cannot afford their own lawyers can have represented.

The pay rate for barristers doing legal aid work is set by the government.

Downing Street has proposed a 15% pay rise - which a spokesperson said would see a typical barrister earn another £7,000 a year.

However, the proposed amount will not kick in immediately or apply to backlogged cases.

Some say that amount still won't pay their bills, and the system has run on "good will" for too long.

Barrister Kannan Siva said more than one in four barristers have been “driven out of the jobs they loved because they simply can’t afford to stay”.

He said: “For junior criminal barristers to be paid below minimum wage, a median income of just £12,200 a year, is not only scandalous but it will choke off the supply of the next generation of advocates – that pool of advocates that will help society and become our future judges.

“And it means that victims and defendants will suffer years and years of waiting to get justice in court.”