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British Barristers May Strike Over Low Pay

By Jeralyn, Section Law Related
Posted on Sun Jun 05, 2005 at 11:20:32 PM EST
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U.S. criminal defense lawyers aren't the only ones demoralized by the low fees paid by the Government to defend the indigent:

Criminal barristers are demoralised over their earnings and could paralyse the criminal justice system by boycotting work on crown court trials listed to last up to two weeks, the government is warned today.

Of more than 1,000 respondents to a survey by the Criminal Bar Association - nearly half the membership - 97% want the association to explore the possibility of direct action, and four in five say they would be prepared to take action themselves.

David Spens QC, chairman of the Criminal Bar Association, said: "The criminal bar is saying enough is enough. We have been taken for granted by successive governments, who have exploited misinformation about the legal aid system to drive down fees to the point at which my members are often being asked to work for free. "For a profession which prosecutes and defends cases in the public interest, the situation is now intolerable."

TChris wrote about the problems in Massachussetts here. We profiled Washington State here, New York here and Louisiana here and here. We wrote here:

Public defenders: Overworked, Understaffed, Undaunted in Virginia. The situation is dismal in Georgia. It's even worse in Lousiana. Reform is needed in Alabama. Friday, a judge in Louisiana appointed lawyers in four cases by looking in the phone book and making random calls. The indigent defense system in this country needs a fix-- for starters, it needs adequate funding.

TalkLeft empathizes with our fellow defenders of liberty across the pond.

< Amnesty: U.S. Has 'Archipelago of Jails' | Lea Fastow Leves Prison for Halfway House >

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    British Barristers May Strike Over Low Pay | 6 comments (6 topical)
    Re: British Barristers May Strike Over Low Pay (none / 0) (#1)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:59:43 PM EST
    I once knew a Louisiana public defender who appealed one of his own cases to the Louisiana Supreme Court arguing his own "unconstitutionally ineffective assistance of counsel." As you can imagine, the case caused quite a bit of stir, since no one could remember a lawyer arguing what appeared to be his own incompetence to the state's highest court. Surprisingly, he WON that appeal on the basis that his overwhelming case load and lack of funds for even the most rudimentary investigation of his client's case, or for the expert witnesses that were needed for the defense of this client, did in fact result in ineffective assistance of counsel. This was of course in comparison to the almost unlimited funds available to the prosecution (big surprise, considering that the District Attorney was the all-powerful Harry Connick, Sr.) The result of the verdict was that theoretically, New Orleans Parish was required to provide better funding for the public defender's office. I'm sorry to see that there were obviously no lasting improvements made as a result of all his hard work...

    Re: British Barristers May Strike Over Low Pay (none / 0) (#2)
    by roger on Sat Dec 17, 2005 at 12:59:44 PM EST
    Rebmarks, We had several cases like that in Florida. The courts declared that any lawyer who brought this argument could be disbarred. Speaking the truth is unethical here.

    Re: British Barristers May Strike Over Low Pay (none / 0) (#3)
    by pigwiggle on Sat Dec 17, 2005 at 12:59:44 PM EST
    Ashcroft v Raich; I'm sure TL is putting this up as I type; anyway, bad news folks.

    Re: British Barristers May Strike Over Low Pay (none / 0) (#4)
    by Che's Lounge on Sat Dec 17, 2005 at 12:59:44 PM EST
    Well the SC just came down against medical MJ. (Offensive Comment Self Deleted)

    Re: British Barristers May Strike Over Low Pay (none / 0) (#5)
    by Patrick on Sat Dec 17, 2005 at 12:59:44 PM EST
    Speaking or Raich, I didn't expect it them to go that far... And interesting who the three dissenters were eh?

    Re: British Barristers May Strike Over Low Pay (none / 0) (#6)
    by DawesFred60 on Sat Dec 17, 2005 at 12:59:45 PM EST
    Ok, but how will the poor find someone if that poor person has no money? the lawyers or barristers who take the case to court are not able to make a living isn't that what the system wants? sad,sad, world.

    British Barristers May Strike Over Low Pay | 6 comments (6 topical)