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Only one-fifth of new barristers now practise in criminal law
Pic: RollingNews.ie

07 Jan 2020 / courts Print

Only one-fifth of new barristers in criminal law

The Bar of Ireland is shedding criminal barristers, according to figures obtained by the Irish Independent.

Newly-qualified barristers now favour civil work where the pay rates are better, the statistics show.

Many of those who start their careers as criminal barristers quickly move on to other work, according to the figures, which show that, between 2011 and 2019, a total of 197 new barristers began practising of criminal law, but only 88 now remain in the field.

Devilling

In the past year, 17 barristers, or one-fifth of new entrants, began devilling with a senior barrister working in criminal law.

However, just 11 of those now remain in the area, according to Bar of Ireland statistics.

Its chief executive Ciara Murphy has said the profession is very concerned about the poor retention rate in terms of the future administration of criminal justice.

Pay rates for criminal work dipped dramatically during the Great Recession, with cuts ranging between 28.5% and 69%. Pay has not been restored to pre-recession levels, despite repeated requests by the Bar.

The brief fee for a junior counsel to prepare a case in the Central Criminal Court is currently €4,752, with a daily rate of €1,041 thereafter.

Stagnant pay

Pay for criminal work is stagnant at 2002 levels, while rates for civil work have climbed steadily.

In civil cases, junior counsel fee notes run to €13,000 initially, with a €2,500-per-diem rate thereafter.

Fees for junior counsel tend to be around two-thirds of those paid to senior barristers.

Ms Murphy wrote to the DPP’s office earlier last year, saying that it was imperative that talented young barristers be encouraged to practise in criminal law, in order to acquire the necessary experience to skilfully and effectively prosecute cases.

Copied

The letter was copied to senior officials in the Department of Justice, and the Department of Public Expenditure and Reform.

In her letter, Ciara Murphy commented that it was "appalling" that the Department of Public Expenditure and Reform had used the fact that barristers had not withdrawn their services as an argument against the restoration of fees.

Criminal barristers in England and Wales staged a one-day strike last summer in protest at poor pay levels for legal work.

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