Majority of criminal and family barristers stressed by long hours and unpaid work

updated on 06 June 2018

Stress, workload and a lack of work-life balance caused by funding cuts are taking a heavy toll on barristers and are leading some to seek a career change, according to a new report. 

In a Bar Council survey of 4,092 barristers (over a quarter of the profession) conducted in Summer 2017, over 60% of respondents said they were working unpaid for at least one day a week, while 27% of criminal barristers and 33% of family practitioners are working over 60 hours a week to make ends meet. Over a third of respondents were considering their career options.

Many criminal barristers end up working unpaid because the Advocates Graduated Fee Scheme does not cover the hours they spend preparing evidence that are necessary if they are working cases properly. Some 58% of criminal barristers and 66% of family barristers felt that they were under too much pressure at work. And in other areas of private practice including family, civil and chancery, more than a third of barristers have continued to work unpaid when their client cannot afford more.   

Some 45% of respondents felt their work-life balance was poor, with the issue particularly acute among criminal and family barristers. But 89% of respondents said that their work was interesting and that their enthusiasm for the job remained.

Andrew Walker QC, chair of the Bar Council, said: “Whilst there are some clear positives in our report, there is a notable difference between those practising in crime (and, to a degree, in family work) and the rest of the Bar.  It should also be recognised that the survey was conducted in the summer of 2017, since when legal aid fees have been eroded further by inflation.

“The fact that many saw their workload, stress and work-life balance deteriorate yet further between 2013 and 2017 is a worrying trend. It shows […] how important it is for the leadership of the Bar to be making our case to the government, in parliament and to the public about the long-term consequences of failing to recognise and pay properly for the delivery of justice in England and Wales.”