barrister pay

This may sound like a dumb question but how do barristers get paid what they do? Is it determined by the chambers, one’s level of experience, the BSB, or something else?

I’m a law student who wants to do criminal law and I’m just curious how and why a criminal pupil would make less than say a family pupil, a chancery pupil, etc.

Reply 1

Stiffy Byng

Original post

by hilla145

This may sound like a dumb question but how do barristers get paid what they do? Is it determined by the chambers, one’s level of experience, the BSB, or something else?
I’m a law student who wants to do criminal law and I’m just curious how and why a criminal pupil would make less than say a family pupil, a chancery pupil, etc.

The BSB has no role in determining fees. The market determines how much barristers can charge, save in legal aid work, where below market rates are set by the government. An individual's ability to command a particular fee will depend on his or her experience, specialism if any, the market standing of his or her chambers, and his or her own reputation in the market.

Pupils in commercial and Chancery sets might not do their own work during the second six months of their pupillages, but are usually quite well paid by their chambers during the pupillage. Pupils in criminal and general civil sets are usually paid less by their chambers but are more likely to take on their own work during the second six months of pupillage, and be paid whatever rates are agreed by their clerks for such work.

Barrister incomes vary from low five figures to several million pounds a year, but remember that the gross figures are subject to expenses which usually account for twenty to thirty percent of the gross figure, and the net profit is then subject to taxation, usually at the higher rates.

(edited 9 months ago)

Reply 2

hilla145

Original post

by Stiffy Byng

The BSB has no role in determining fees. The market determines how much barristers can charge, save in legal aid work, where below market rates are set by the government. An individual's ability to command a particular fee will depend on his or her experience, specialism if any, the market standing of his or her chambers, and his or her own reputation in the market.
Pupils in commercial and Chancery sets might not do their own work during the second six months of their pupillages, but are usually quite well paid by their chambers during the pupillage. Pupils in criminal and general civil sets are usually paid less by their chambers but are more likely to take on their own work during the second six months of pupillage, and be paid whatever rates are agreed by their clerks for such work.
Barrister incomes vary from low five figures to several million pounds a year, but remember that the gross figures are subject to expenses which usually account for twenty to thirty percent of the gross figure, the net profit is then subject to taxation, usually at the higher rates.

Ok that makes sense. Thank you! That’s really helpful

Reply 3

Stiffy Byng

You're welcome.

Reply 4

Crazy Jamie

Original post

by hilla145

I’m a law student who wants to do criminal law and I’m just curious how and why a criminal pupil would make less than say a family pupil, a chancery pupil, etc.

You've been given an explanation of how fees are set for private work, but the primary reason why criminal pupils are paid so much less is because the vast majority of work that they do is through legal aid, for which the rates are both set by government and very low compared to other areas of law where clerks can negotiate private fees. Even where sets negotiate bulk civil work, for example through negotiating set fees with particular firms, insurers etc, the rates will almost always be much higher than legal aid rates. A lot of family work is also covered by legal aid, but the rates tend to be better. Criminal barristers do get private paying work, which obviously pays better, but that is very much the exception. So whilst there will be variance across practice areas and chambers as to the sort of fees that their work will bring in, the main reason for the disparity when it comes to criminal work is legal aid.

Reply 5

Stiffy Byng

I agree.

Work on central and local Government and regulator panels, industry panels etc. is usually done for non-negotiable fixed rates, but those rates are, as Jamie mentions, usually higher than legal aid rates, although not as high as individually negotiated market rates.

Clerks do most of the fee negotiations but, as you become more senior, it's not unusual to have more involvement in the negotiating yourself. I am quite senior and I do most of my own clerking through direct contact with solicitors, and I mainly negotiate my own fees. It used to be thought ungentlemanly or unladylike to do this, but times have changed. Almost every other self employed professional negotiates his or her own fees, where these are not set by Government (NHS GP fees, for example), and there is no reason for barristers not to do so.

Barristers in Dublin don't have clerks or operate in chambers, and do all the business stuff themselves. Scots Advocates operate in groups called "stables", and some but not all have clerks, IIRC. Barrister business practices vary in Australia NZ, Canada etc.