For the whole of my practising career, which began at the time that Tony Blair became PM, lawyers and their fees have been under attack. Legal aid formed about 1/3 of my practice in 1997; I did many disputes concerning residential property interests where legal aid assisted.
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Within a few short years, legal aid was effectively withdrawn for the sort of cases I was involved in. The result is clear - people with few assets and middle incomes now find it impossible to litigate, largely unless insurance policies enable them to do so.
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Other systems to enable litigation have proved difficult - contingency fee arrangements are one example. Today, many lawyers will advise people for free who would not otherwise be able to litigate as a result of not having the funds.
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I understand that the criminal bar has seen the pay rates for their work consistently reduce for the entire time that I have been in practice. The result is destitution and hardship that has led to many leaving the profession.
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There is no other Government funded job that has seen their pay for individual work cut (not just in real terms but in some cases in nominal terms as well) for a period of over 20 years. #TheCriminalBar has worked hard to maintain the criminal justice system over many years.
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But the time has come for them to attempt to regain some balance. A median income for junior barristers that equates to a sum that is below minimum wage cannot be considered appropriate. The pressure on individuals is immense and made worse by the financial pressure.
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As someone who is traditionally conservative and liberal in their politics, I support the action being taken by #TheCriminalBar as the Criminal Justice System is on the point of collapse and the reason for that is decades of political failures. The time has come for redress.
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In this increasingly polarised polity, we find politicians looking for other ways to attack those that they disagree with. The latest is a series of complaints to professional regulators against political opponents based on specious arguments about the rule of law.
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Parliamentary sovereignty is the cornerstone of our constitutional settlement. The proceedings in Parliament are absolutely privileged. This has consequences. Without more and among other things, courts cannot go behind UK legislation or enquire into the things said there.
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Regulators of lawyers in E&W do not have the power to go behind those principles. As a result, calling regulators to investigate lawyers if they participate in debates, promote legislation or vote on laws that distinguish the laws of E&W with international law is absurd.
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