Situation bleak for EBA criminal members, survey shows

Worries for the future of the independent criminal bar have been expressed by 100% of members of the Edinburgh Bar Association who responded to a recent survey by the Association.

Reporting the responses via Twitter, the EBA said that from 56 of an estimated “less than 70 independent criminal practitioners remaining in the EBA”:

• 87.5% agreed that their role as a criminal defence practitioner had had a negative impact on their mental and/or physical health;
• the same number had seen a similar impact on their personal life;
• 91% felt overworked;
• 96% felt their role was undervalued compared to “other justice partners”;
• 98% felt that they were not adequately remunerated for the work they were doing;
• 100% felt they were unable to devote adequate time to some cases due to lack of resources; and
• 100% were concerned about the future of the independent criminal bar.

In addition, 82% had considered leaving the independent criminal bar in the past 12 months.

The EBA pointed to a variety of factors, “including an unsustainable workload, absence of colleagues to share the burden, working in a high-pressure environment, acting for clients with a number of difficulties and cases which have a distressing subject matter, compounded by poor pay and conditions”.

The defence bar has come under increasing pressure due to real terms decline in legal aid rates, and members leaving for better paid posts in the prosecution service or other areas of legal practice.