More than half of barristers’ chambers will fold in six months if pandemic pressures continue

Some 55% of all barristers’ chambers will go under within six months and 81% will not survive 12 months without financial aid, if current pressures caused by the coronavirus pandemic continue, a recent survey by the Bar Council indicates.

In late March, the Bar Council surveyed 262 of the largest chambers (of which 55% responded) in order to understand the immediate effects that coronavirus is having on the legal profession and individuals.

The 145 chambers that responded outlined three main concerns: the interruption to court work, an inability to generate income to pay future costs and a lack of cash to pay current costs.

The survey also indicated that pupillage recruitment will be disrupted, as 30% of the responding chambers said that they are changing their plans for pupillages starting in 2020 or 2021 – it is unclear yet whether they will be taking pupils this or next year. In addition, further pupillages are at risk, with 24% of chambers continuing to review their position.

The results show that the pandemic has hit the criminal Bar the hardest, with 67% of chambers unable to survive six months without financial aid and 90% unable to survive 12 months. Among other measures, about 60% of chambers are already furloughing clerks and other staff – a number which is likely to rise – and just over half are enforcing urgent measures, including renegotiating or giving notice on leases.

The Bar Council stated that "the current financial relief does not address the problems faced by the Bar”. There are several categories which have been excluded from the financial relief and will be severely affected by the current crisis, including pupils and junior tenants, and those returning from parental or adoption leave. The barristers’ body added: “This will impact individual barristers and the sustainability of chambers. It will particularly affect diversity and social mobility within the profession immediately and for the future.”

 “The publicly funded Bar is more diverse than other areas. Its particular vulnerability means that barristers from more diverse backgrounds (including women and BAME practitioners) are most disadvantaged by the current crisis.”

In a list of recommendations to the government, the Bar Council has suggested that the government extend the self-employed relief to the currently excluded groups without 12 months of receipts. It also reinforced a proposal from junior barristers, which recommended that these individuals should be allowed to rely on 2019/20 tax returns. In a further bid to support junior and vulnerable practitioners, it also proposed that childcare care costs be deductible as expenses of self-employment for the purposes of calculating eligibility for relief.

The research concluded: “The survival of chambers is integral to ensuring access to justice. Financial support is required if the collapse of chambers is to be avoided.”