This open access book provides a snapshot of the state of contemporary access to justice in England and Wales.
Legal aid lawyers provide a critical function in supporting individuals to address a range of problems. These are problems that commonly intersect with issues of social justice, including crime, homelessness, domestic violence, family breakdown and educational exclusion. However, the past few decades have seen a clear retreat from the tenets of the welfare state, including, as part of this, the reduced availability of legal aid. This book examines the impact of austerity and related policies on those at the coalface of the legal profession. It documents the current state of the sector as well as the social and economic factors that make working in the legal aid profession more challenging than ever before.
Through data collected via the Legal Aid Census 2021, the book is underpinned by the accounts of over 1000 current and former legal aid lawyers. These accounts offer a detailed demography and insight into the financial, cultural and other pressures forcing lawyers to give up publicly funded work. This book combines a mixture of quantitative and qualitative analysis, allowing readers a broad appreciation of trends in the legal aid profession.
This book will equip readers with a thorough knowledge of legal aid lawyers in England and Wales, and aims to stimulate debate as to the fate of access to justice and legal aid in the future.
Author(s): Catrina Denvir; Jacqueline Kinghan; Jessica Mant; Daniel Newman
Publisher: Hart Publishing
Year: 2023
Language: English
Pages: 302
City: Oxford
Foreword
Acknowledgements
Contents
List of Tables
List of Figures
List of Abbreviations
1. Introduction
I. The Role of Legal Aid
II. The Foundations of Legal Aid
III. The History of Legal Aid
IV. The Current State of Legal Aid
V. Investigating Legal Aid
VI. The Legal Aid Census
VII. Structure of the Book
2. A Portrait of the Profession
I. Introduction
II. The Legal Profession of England and Wales
III. Current, Former and Prospective Practitioners
IV. Chambers and Organisations
V. Implications of Findings
3. Preparing for a Career in Legal Aid
I. Introduction
II. Tensions in Legal Education
III. Educational Experiences
IV. Barriers to Entry into the Sector
V. Implications of Findings
4. Working Conditions in Legal Aid
I. Introduction
II. The Vulnerability of the Legal Aid Sector
III. Well-being and Stressors
IV. Job Satisfaction
V. Professional Networks, Training and Development
VI. Implications of Findings
5. Remuneration and Fees
I. Introduction
II. Salaries of Current Practitioners
III. Fixed Fees
IV. Hourly Rates
V. Exceptional Case Funding
VI. Other Income Sources
VII. Implications of Findings
6. Responding to COVID-19
I. Introduction
II. The Impact of COVID-19
III. Meeting Legal Need During the Pandemic
IV. Methods of Working During the Pandemic
V. Workloads and Financial Pressures During the Pandemic
VI. Implications of Findings
7. Recruitment and Retention
I. Introduction
II. Finding and Retaining Suitably Qualified Practitioners
III. Exiting Practice Areas
IV. Exiting the Sector
V. Attracting New Entrants
VI. Implication of Findings
8. Facing the Future of Legal Aid
I. The Challenges for Legal Aid
II. Giving Voice to the Legal Aid Sector
III. Addressing the Crisis
IV. Time for Change
V. Recommendations for Policy
VI. Recommendations for Future Research
VII. What Next for Legal Aid?
Afterword
Bibliography
Index
