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LAST UPDATE | 14 Jul 2023
BARRISTERS IN IRELAND could be set to strike in October following a recommendation that they “withdraw services” to demand pay reforms for those working on the legal aid scheme.
The Bar of Ireland said yesterday that it has recommended to its members the withdrawal of services “in pursuit of a meaningful, independent and time-limited mechanism” to determine how much criminal barristers are paid under the legal aid scheme.
Barristers will also take to the steps of courthouses around the country today to protest low pay rates for those working in criminal law.
The Council of the Bar of Ireland said that fees for criminal barristers are still lower than 2002 levels in nominal terms, following a range of cuts imposed during the recession.
Barristers and other public servants had their salaries cut under Financial Emergency (Fempi) legislation which was introduced as part of austerity measures that followed the financial crash of 2008.
But the Bar of Ireland says criminal barristers are the only legal workers who have not had their pay restored.
Barristers at the District Court level are paid just €25.20 for a remand hearing under the criminal legal aid scheme.
Barristers’ fees in the District Court are generally taken out of payments made to solicitors, who engage barristers on a case-by-case basis. In other words, the solicitor receives funding under the legal aid scheme, a portion of which is to be paid to the barrister.
Áine Holt BL, a first-year practicing barrister, explained to The Journal that newly qualified barristers are depending on solicitors to approach them with cases, and since the solicitor is responsible for paying them, they may not be paid promptly.
When acting in the higher courts – such as the Circuit Court where more serious cases are tried before a judge and jury, separate fees are paid to barristers.
Holt said: “I can’t understand why that system cannot work as it also does in the District Court.”
Speaking to The Journal, explained that preparing for a remand hearing in the District Court includes consulting with the accused to discuss the allegations and possible bail applications, consultations with gardaí, preparations for legal aid and disclosure applications and writing to the solicitor to outline the allegations and any context surrounding them.
Fees for a plea in mitigation – during which a barrister appeals for lighter penalties for their client, for reasons such as psychiatric or addiction issues – are €50.40 at the District Court level, and full trial hearings pay €67.50.
Lalor said: “All that time and expertise and working at night time to get your case ready for the next day … [we're] walking into shops paying 2023 prices on 2002 wages.”
Speaking on RTÉ’s News at One this week, Seán Guerin SC said that ‘brief fees’ for an indictable case in the Circuit Court stand at €1,144, which could involve a 100-page book of evidence, “hundreds of pages” of disclosure material which the barrister has to be carefully read, and “at least a day of preparation” before the case is heard.
Guerin added that the advent of smartphones has meant that there is often much more evidence in these cases than in 2002, but pay rates have not changed to reflect this.
A petition sent by barristers to Justice Minister Helen McEntee last year stated that “only those with independent resources can survive” on the fees paid in the District Court. “This is enormously damaging to the profession and to society,” it said.
Lalor said: “If you don’t have savings, or if you don’t have a second job and if you go into practice criminal law, you will be there for a very limited period of time.
“You will not be able to pay your mortgage, you will not be able to pay your rent, be able to run your car and that’s the reality of it.”
Holt added that the pay issue was not just a serious matter for barristers themselves, but also for defendants in a case, “who may, in actual fact, be innocent”.
The District Court is the lowest court in the Irish legal system, usually dealing with less serious criminal matters and public-order offences, as well as family law. In criminal matters, punishments can range from poor box fines to sentences of up to two years’ imprisonment.
Holt said that the public perception of barristers is that they are very well paid, “and that is so – but at the very top of the profession.
“It is not so at the very bottom.”
The proposed strike has been scheduled for 3 October, a week before Budget 2024 is announced.
Justice Minister McEntee said yesterday she spoke with the Bar of Ireland council and expressed her belief that pay cuts should be reversed.
Speaking on Today with Claire Byrne, she said: “We’re not talking about astronomical fees here … what I can’t do is pre-empt what’s going to happen in the budget discussions this year.”
Lalor said that some barristers are leaving criminal law entirely, and others are taking their name out of the free legal aid system.
Speaking of younger barristers, Lalor said: “I want them to see there’s a future for them in the Bar, not because of their independent resources, because they deserve to be there. They’ve worked very, very hard to be there.”
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I don’t see what this Elite group are complaining about, let’s not forget the wages these professionals were getting in 2002 we’re probably much more than the average person earns now in 2023. If they want an increase open up their closed practices to competition, with full disclosure of charges.
@Owen Mc: it’s because they are better than the average joe in a dead end factory job
@Rory James: says who? Nothing wrong with working in a factory…
@Owen Mc: Your plumber is probably paid much more than the young barristers who don’t earn a wage and must always disclose their charges to their clients. They are always sole traders and their common refrain is why did i not become a plumber or a welder or whatever. They are not protected by any minimum wage legislation. I think they are often confused with solicitors who can join large practices and access a lot more revenue. Barristers have to compete for work as individuals, when they are young in particular, and the competition is such that it drives the prices to the floor. The kind of work they do is often unprofitable even for the solicitor practices who portion it out to them. Ironically this system supports the ruthless old and fair way of doing business where the weak are weaned out (even though they could contribute in a larger group with a fair lower salary), which unfortunately means those with a wealthy background are more likely to survive. Periodically they look for more rights like the ability to create and join companies as barristers and thus normalise income from the ridiculous highs and lows, but the public reaction make it politically impossible.
@Owen Mc: well that picture of them all outside the ccj is not helping them i can see 4 of the leading senior counsels in the country that handle nearly 70% of the cases in the the central criminal court and the special criminal court and are making an absolute fortune on private work and legal aid….so if the junior council’s want to make any sort of case they need to distance themselves from the golden circle …… that’s the equivalent of being on a Pickett line and the CEO of the company standing beside you holding an on strike Signe
We’re all paying 2023 prices on 2002 wages, only difference is barristers make a lot more money than most so it’s nowhere near as tough on them as the ordinary citizen, the rich crying the poor me again
@John Meade: and they deserve every cent
@Rory James: in fairness, barrister 101 – your honour, my client had a difficult upbringing. Hence the revolving door! Besides if it’s been so bad for so long why do people still want to become barristers in the knowledge the pay is useless, what with being supposedly clever and all?
Vastly overpaid in 2002 and still are.
Never seen a hungry or homeless Barrister. If things are difficult for them – imagine the shop workers, cleaning personnel, tradesmen and women, the unemployed, nurses etc.
@Ciaran Leonard: I have never seen a hungry and homeless butcher. Meaningless statement.
The ignorance of the comments is incredible. The number of people that didn’t even bother to read the article beggars belief.
Barristers who have spent usually 7 years qualifying enter the profession in their mid 20s. Criminal practitioners in their first few years might have a few “remands” a week. In other words they may earn as little €100 per week. THEN they may have to wait 6 months to actually receive it.
That’s not sustainable. Even allowing for justified pay increases its not sustainable.
Educate yourselves
@Jack B Quick: Are you new to The Journal’s comment section?
90% of commenter are just hear to complain about everyone, anything and that everyone else is creaming it but them.
The 2nd paragraph should already be enough – if people would care to read.
No idea what they actually earn, but I’m sure it’s not hundreds of thousands.
If their currents rates are lower than 20 years ago, than they have every right to complain.
People complaining that an ordinary worker would love the current pay:
That’s the thing with education – higher education does give you sometimes/mostly higher salary.
@Jack B Quick: true , but take a look at the entire spectrum , share some examples of earnings for the legal profession from tribunals of enquiry for example , where many effectively became millionaires just from tribunals , so much like the inequities imbetween say junior doctors and top earning consultants there is a huge imbalance on the spectrum for the same professions , rebalance some of the top 5% with the bottom 25% / but don’t expect the general public to be pitying those on the lower end of the scale without being full and frank about the entire profession. Junior doctors work 80 hour weeks too / it’s par for the course that the financial rewards follow later in the career / same happening with legal
@Jack B Quick: When the Troika were running things they said that fees to legal eagles were exorbitant and should be cut. Did it happen? Not a chance as Dail is overcrowded with their ilk
Now they know how Struggling Families feel, when it comes to That TV Licence.
Awww- one less ivory back scratcher
Ah bless they’re little silk socks.
A closed shop. Like a medieval guild. And to have to pay for a barrister and a solicitor when at the circuit court is a huge burden on people. You should be able to use one or the other. And by the by politicians, despite the law saying you can represent yourself judges despise it. No judge will allow a person representing themselves win against a person represented by a barrister and solicitor.
Was dealing with one back then @ 500€ an hour!
@Colette Kearns: worth every cent
You wages were too high in 2002 so.
Time to give back to society..
@UCD Trinity: Since you seems to be that knowledgeable:
What was their salary in 2002 and today?
They only talk about fees and work involved, but it seems you have some inside about what they actually make per year.
I’m eager to get a rough number from you and to learn something today.
@Wolfgang Bonow: barristers don’t get a salary. They are self-employed and often have to wait months and even years for their fees to be paid. Young barristers do two years on the job training where they are expected to work for nothing so most of them work other jobs in the evenings just to be able to live. If we want diversity in the legal arena it’s imperative that young people from all backgrounds can go into law and not just those with wealthy parents.
@mary: Thousands upon thousands are working 2 jobs and thats just to make ends meet. To live as you put it. It happens to a myriad of professions and barristers is just another profession getting away with “unpaid internships” Thats were the problem is. Let them sort that out and they wouldnt be in this mess
@Wolfgang Bonow: ” you seems to be that knowledgeable”
Why thank you. Such a complement to receive on this wet and windy Friday evening.
The weather isnt great either.
Absolute nonsense.
Poor elites are complaining… welcome to the club guys, but no sympathy for you
Over paid and over valued, let them eat cake.
The legal profession are as extortionate as bank robbers.
Zero sympathy for them.
I’ve been stung.
I bet, those 2002 wages are huge and an ordinary wage worker would love it.
If you are a criminal regardless of how many times you have appeared in court you will get the best paid for by the taxpayer defence available. If you have a civil issue and have no money then it tough luck or go to court alone.
Fairer system would be to limit “Free” legal aid for professional criminals? and give tax paying citizens some legal help?
@Pee Onputin: while this may be true it has nothing to do with the article
One of the Troyka proposal during the bailout time was cutting the legal expenses as Ireland has the most inflated costs for legal services. This was one of the few troyka plan which was not implemented by our government as they wanted to keep their elite friend happy. But the same government has introduced usc, cut public service salaries, introduced local property tax etc.
Look at the insurance claims, companies pay them instead of challenging inflated costs in the court because of these guys high costs. I think we should get rid off two tier solicitor-barrister system just like the vast majority of the EU which makes the legal cost very expensive. There are countries with no two tier system in the Anglo Saxon jurisdictions.
@Markos Drakos: This, 100%
@john Meade
Didn’t read the article. Talking absolute rubbish. A) no we’re not getting 2002 wages. B) if you’d read the article you’d know that Berristers aren’t earning far more.
70% of the profession quit after 5 years.
My heart bleeds…
Bottom feeders of the world unite!
If they go on strike right?
Will prisoners be kept longer on remand?
It’s a win win situation
Parasites!!
But at least we have a two billion to spend on a hospital with zero working beds.
Etc.
This country is being bled dry by its horrible, endless, right wing governments.
@Chris O’Brien: Left wing governments have never proven any better, look at Labour in power over the years, they were worse than FG
I like the comment near the end “Lalor said: “All that time and expertise and working at night time to get your case ready for the next day … [we're] walking into shops paying 2023 prices on 2002 wages.”
Most of the country already are. What they are earning isn’t half bad. But most of us out here in the real world of Ireland are paying through the nose on wages we been getting since pre 2008.
Im sorry but my sympathies lie elsewhere to people that are actually really struggling
I employed a solicitor once thinking he knew what he was doing, but he was more interested in removing a euro a minute from me whilst wearing his crocodile shoes and talking about his apartment in Turkey.
Yes €1 per minute
@Edd: €1 per minute is cheaper than my plumber.
@Sean O’Dhubhghaill: Try getting a barrister to do your plumbing.
My heart bleeds for them
All the cash these guys get from poor folk looking for a barrister in the law library. Get real.
The general impression here is that barristers are filthy rich. I only know one. The son of a friend. Dud his devilling 4 years ago. Still living at home (rented terrace house) with his Dad, driving a 14 year old car – ’09.
@Sean O’Dhubhghaill: Yes, a lot of them don’t make much money early on and a lot depends on your connections etc so it would be a good idea to have a total reform of our legal system as per the agreement with the Trioka.
Fair is fair. Restore their pay back to what it was before the cuts during austerity at the very least plus 15% for lack of increases since then. Despite public perception a lot of barristers are not making a lot of money.
@dave Hammond
The article is about the rates paid in the District Court to criminal practitioners. “The whole spectrum” isn’t relevant.
Nor is the pay to top tier of the profession relevant. Any individual brief is underpaid. Certain Barristers at the top take the majority of the Cases meaning they eat a lot. That also means there’s less work for everyone else.
Can you expect young practitioners to survive on €100 per week?
If not then how do you expect people to stay in the profession?
Only 2 comments for the RTE scandal ???? just shows you how honest The Journal and other news broadcasters control what they want you to read . They take down pepoles comments that do not fit ther agenda??
The only reason anyone becomes a barrister in Ireland is to make money. There are no Atticus Finches here.
@stella Ormes: That’s possibly also the only reason people become plumbers or lorty drivers or postmen or whatever.
Having an independent
skilled and well resource justice system is a must
What’s all this got to do with my flat white?
Let’s be honest the only reason anyone becomes a barrister is to make lots of money. There are no Atticus Finches in Ireland. If they don’t like the money they are making in criminal law let them go into property law.
If you don’t like the job, you know what to do.
have your say