In yesterday’s post, I listed some of the assumptions that are commonly made about legal aid lawyers, the work we do, and the reasons why we are campaigning against PCT. The first on the list was:
The lawyers are just complaining because they are going to lose their jobs. They are overpaid fat cats anyway.
Of course, with at least 1200 out of 1600 firms closing, if the Government gets its way, many solicitors will lose their jobs. Because of the pressures that would be placed on the remaining ‘service providers’ to represent clients at rock bottom prices and still make a profit, many barristers would also find themselves out of work. None of us want that and we are all unhappy about it.
There is, however, a wider issue and that is the survival of UK justice. We all work in a sector which requires a sense of vocation, dedication to making a contribution to justice and fairness, and compassion for the most deprived, and often ignored, members of our society. I believe it would be impossible to work in criminal defence, as either a barrister or a solicitor, for very long if you did not possess at least some of these qualities. Lawyers don’t go into crime for the money.
I have actually been called a ‘fat cat lawyer’ to my face on more than one occasion. The common assumption is that we are overpaid. People who know me personally understand that this couldn’t be further from the truth. My earnings, as a part-time, self-employed locum who currently works exclusively in police stations, are extremely low and not typical of someone with my experience and qualifications. My employed colleagues, however, generally earn salaries comparable with teachers or police officers. And here is Marc Brown’s candid blog post on what an experienced and hard working barrister can expect to earn. Note that he has worked out the state pays £33 per hour for his services! Most of us are far from well off by professional standards and are driving cars that we hope will get through their next MOT without too much work.
Fat cats work long hours in comfortable offices. Yes, we work long hours. Barristers regularly prepare their cases late into the night and often have to leave home at the crack of dawn to attend a court many miles away. Solicitors spend all day in court and in the office, and are frequently called to police stations in the middle of the night and at weekends. My record for getting home from representing someone at a police station is 6am. If I was employed full-time by a firm, I might well have been due in court at 9am that day. And, during those incredibly long hours, sometimes on very little sleep and having missed meals, we are making decisions and giving advice that can affect someone’s liberty, career or family life.
Some of us do have comfortable offices. We don’t spend long in them, however, and they are usually modest. There’s no money for plushness. Magistrates’ courts are often cramped, lacking in privacy and facilities. Police station custody suites are…well, these days you can watch fly on the wall documentaries at any time of the day or night showing you people being arrested and detained. They’re not salubrious and they’re certainly no place for fat cats. We all spend a lot of time in our cars, again often at incredibly unsociable hours.
Fat cats have business lunches. Since qualifying as a solicitor, I have never had anything resembling a business lunch. The nearest I have been to lunch with a client is trying to get a coffee out of the machine in court. Criminal court hearings stop for lunch but that’s usually an opportunity to catch up on paperwork. Police procedure requires that suspects are offered meals regularly but lawyers are not supposed to get hungry. In some police stations, if I want to go to the loo, I am taken to the doctor’s room and a police officer stands outside because there is no lock on the door.
Fat cats wear sharp suits. Have you seen my suits? They are black because that’s what the profession requires but they didn’t cost much and I haven’t bought a new one for years. I usually do wear a suit to the police station even in the middle of the night because it shows everyone who I am. On cold winter nights it’s often jeans, jumper, boots and the thickest coat I can find. I need to send my suits to the dry cleaner frequently because of the grubby places I find myself working.
Now, please know that I’m not complaining. The last thing I would want is a glass office, expensive chair and nice collection of important clients. I chose to work in crime because I enjoy contributing and sometimes I believe I make a difference. I have to use all sorts of qualities in addition to my legal knowledge and skills, such as compassion, humour, resourcefulness and tolerance. And you couldn’t meet a group of people more cheerful, funny and down to earth than criminal lawyers. There’s no room for ego or preciousness.
It’s just that, before I launch into further posts explaining why the consultation’s proposals would destroy the criminal justice system as we know it, I want to show you exactly who we are, what motivates us and how different we are from the stereotyped view of a lawyer. Yes, we have a lot to lose, but it’s an extremely hard-earned basic living, not a luxurious lifestyle.
I asked my 17 year-old to draw me a picture of a fat cat and a thin cat for this post. I think he did a great job!
