Evidence submitted by the Young Solicitors
Group of England & Wales (YSG)
INTRODUCTION
ABOUT THE
YOUNG SOLICITORS
GROUP
1. The Young Solicitors Group (YSG) is a
group recognised by The Law Society, run as a company limited
by guarantee, representing approximately 50,000 Members and Associate
Members of The Law Society throughout England and Wales who have
up to 10 years post qualification experience and who are not partners
or directors of the firm in which they are employed.
2. Membership of the YSG is free and automatic
upon registration with The Law Society.
THE YSG'S ROLE
IN SUBMITTING
EVIDENCE
3. The YSG has thought carefully about the
purpose of the evidence it wishes to submit to the Constitutional
Affairs Committee.
4. Its intention is not to repeat the proposals
ably put by its professional body, the Law Society, for the future
delivery of legal aid services. The Committee will be provided
with detailed evidence from the Law Society on the matters contained
in the Committee's terms of reference and we see no purpose to
be served in simply repeating those concerns in this paper.
5. Instead the YSG wishes to focus on two
issues which most closely affect its members. These are:
— the obstacles to qualifying as a
solicitor faced by students wishing to train as legal aid lawyers;
and
— the haemorrhaging of young qualified
legal lawyers from the system.
FORMAT OF
THE EVIDENCE
6. The YSG's evidence is presented by way
of two case studies, each addressing one of the two issues highlighted
above.
7. The experiences recounted in these case
studies are taken from interviews with students aspiring to be
legal aid lawyers and young solicitors practising in this field.
8. The YSG concludes its evidence by making
a series of recommendations for action by the Government, the
Legal Services Commission and the Law Society of England and Wales.
EVIDENCE
Case study one
`Brave heart...the student aspiring to a career
in legal aid'
The Contender
1. I was what many of my peers described
as a mature student; someone who hadn't embarked on the route
to qualification as a solicitor straight from university. I had
done a law degree at a well-respected university but wasn't interested
in the commercial firms that our student careers service had encouraged
us in. I had chosen a law degree because of my commitment to access
to justice and I wanted to make a difference by helping to tackle
social exclusion. So I launched myself into the voluntary sector,
working in a law centre and assisting a solicitor who specialised
in housing law.
2. But my job only took me so far. Working
alongside a solicitor I realised how much more I could achieve
with a similar qualification. I was encouraged by those around
me. They were concerned about the age profile of solicitors working
in legal aid and worried about the numbers of students detracted
from choosing a career in this field given the increasing obstacles
facing them. It was important in their view for people like me
to be coming forward.
3. And so with motivation and conviction
I embarked upon the qualification process.
Choice of LPC Institution
4. All students wishing to qualify as a
solicitor have to undertake what is called the Legal Practice
Course (previously the Law Society Finals)—nine months of
vocational training learning practical skills at a university
or other accredited training provider. I remember from my university
days, the scramble for places on the course, the time spent applying
for loans to cover the fees. Since then the number of LPC providers
and LPC places had expanded considerably (for the academic year
2002-2003 there were 24 providers offering just over 7,500 full-time
places), but so had the rates of fees and I was looking at paying
anything between £4,500 and £8,250, for ostensibly the
same course.
5. Except we all knew that the courses weren't
the same; in prospective employers' eyes at least. Like universities
there is a hierarchy of LPC providers, determined largely (but
not solely) by the rating given by the Law Society following monitoring
visits. I had gone to a good university and intended to go to
one of the top three LPC providers, to maximise my chances of
securing a training contract afterwards. Given the numbers of
LPC places available, obtaining an offer was not the problem.
There was not a rigorous selection process. In fact I was given
the distinct impression that as long as I was prepared to pay
the fees I would, in all likelihood, obtain a place at the provider
of my choice, which I did. Unsurprisingly there was an almost
direct correlation between the so-called top and the most expensive
LPC providers.
6. So, armed with an offer of a place to
take up in September 2002 I just had to work out how I was going
to afford it . . .
Funding Options
7. I knew several colleagues from the voluntary
sector who would have made excellent solicitors but who simply
could not afford the fees. I counted myself lucky in that I knew
I could live at home for the duration of the course. That would
cut down on living costs. But how to pay for those wretched LPC
fees? My chosen LPC provider was charging £7,850 for the
full-time course in London, a huge amount for me to raise. I had
only one option, a commercial loan, since the Government doesn't
extend support to students wishing to gain legal professional
qualifications, even if their intention is to practice in the
field of legal aid. I often asked myself why I hadn't pursued
a career in medicine or teaching, both areas in which students
are financially supported during their vocational training. For
my part I couldn't see the difference between one person tackling
social exclusion with a stethoscope and another with a writ but
clearly the Government did.
8. I had found out too late about the scheme
introduced that year by the Legal Services Commission to fund
100 LPC places for students committed to legal aid work—probably
a result of me not coming directly from university. But the availability
of the grant (however excellent an initiative) was so limited
that I viewed it as addressing only the tip of the iceberg that
was the funding obstacle to qualification.
9. The hard reality was that I would need
a loan from the bank. I wasn't eligible for a Career Development
Loan with such banks (I didn't know anyone who was), although
the only advantage of these was that the Government pays the interest
on the loan during the course and for up to 12 months after then.
Instead my only option was a Professional Studies Loan, but whatever
the label, they were expensive, with interest set at commercial
lending rates and repayment not contingent upon gaining employment.
Unsurprisingly, the bank was happy to oblige.
Life on the Legal Practice Course
10. I embarked upon the LPC with a sense
of anticipation. At last I was on my way to fulfilling my ambition
to qualify as a solicitor. However I quickly came to realise that
my status as someone aspiring to do legal aid work would mean
I had a very different student experience than that of most of
my colleagues.
All Equal before the Law?
11. It started on the first day. "Hands
up those of you who have got a training contract". Just under
half of the class kept silent. Those with training contracts were
going to private sector (mainly commercial) firms which recruit
two years in advance, during the summer before the students' final
year at university. Legal aid firms do not have that luxury; those
few firms that are committed to training often do not know six
months in advance whether they have the resources to take on a
trainee.
12. I proudly let it be known that I was
intending to work in a legal aid firm and to specialise in housing
law. The reaction from peers and tutors alike was astounding—and
demoralising. "So you couldn't get a training contract then?"
Were my peers implying that my chosen career path demonstrated
that I hadn't made the academic grade? "There are no jobs
and the money is terrible—you'll soon change your mind".
True, I had no false expectations of becoming a "fat cat
lawyer" but I didn't expect this rebuff from one of my tutors.
I could just about cope with the endless denigration about legal
aid lawyers by the Government and the media (so convinced I was
of my vocation) but I didn't expect such a reaction from within
my own profession.
The Business of Legal Aid on the LPC
13. The LPC is the vocational stage of legal
training and compulsory if one wants to qualify as a solicitor.
Building on the core legal knowledge learnt on an undergraduate
law degree or "conversion course" for those who studied
a non-law subject, it is meant to equip students with the necessary
knowledge and skills for legal practice. And so it does for those
who intend to practise in the private sector.
14. From September 2002 to March 2003 we
took compulsory and core area subjects, as required by the Law
Society that regulates the LPC. We spent the majority of our time
on the compulsories, which comprised Business Law and Practice,
Conveyancing and Litigation and Advocacy. Only the latter was
of any relevance to my chosen career path. I was thoroughly demotivated
after the first six months.
15. It was only once the elective subjects
started that I began to sense a flavour of the whole purpose of
the LPC. But it was a taste only—the range of legal aid
related subjects was limited and the length of time devoted to
them compared to the compulsories was paltry.
16. In private sector parlance I did not
regard the course as value for money for someone with my career
intentions. Nor I suspect would the LSC, which had started to
fund the course for the lucky few.
The Quest for the Holy Grail
17. The Holy Grail for an aspiring legal
aid lawyer is the training contract, the two-year period of practical
work experience in a firm authorised to take trainees, prior to
qualifying as a solicitor. Admittedly, during recession, firms
in the private sector tighten their belts and the number of contracts
available can diminish. But a legal aid training contract is always
elusive. Not for us the glossy recruitment adverts that adorn
the student notice boards or the legal press. The vacancies in
legal aid firms are few and far between and not always widely
advertised. It required perseverance, patience and time to find
a contract, time that I could have devoted to legal study. I viewed
the search for a training contract as just one more obstacle for
the aspiring legal aid lawyer. Another reason why not to embark
on a career in legal aid.
18. It was only in May that I secured a
training contract, at a firm known to me from my days in the voluntary
sector. I was overjoyed. I was to start in September 2003. I could
concentrate on my end of course exams, secure in the knowledge
that the next hurdle was overcome. Granted the firm was offering
only the minimum salary set by the Law Society of £15,300
(for central London) whereas the average starting salary for a
trainee in commercial firms is between £20,000 and £25,000
and can be much higher. But I counted myself one of the lucky
ones. Most of my student friends who wanted to follow a similar
career path were not so fortunate. For them, with the exams over,
the hard work was just beginning.
Case Study Two
`To stay or not to stay—the young solicitor
undertaking legal aid work'
19. I completed my training contract in
September 2000. I had trained in a firm which by all accounts
appeared to combine successfully a practice in both private work
and civil legal aid. Although my training "seats" involved
experience in both sectors I had always aimed to qualify as a
legal aid solicitor and so the offer of a permanent job in the
housing department upon qualification was accepted without hesitation.
At no point was I tempted by the more lucrative salaries on offer
for those of my training colleagues accepting jobs in non-legal
aid fields. Financial rewards had never been my motivation. Instead
I sought job satisfaction and an ability to make a difference
to ordinary people's lives.
20. The reality for me was very different.
The "permanence" of the job was illusory. The work pressures
unbearable. I was making a difference to those who came through
the doors of the firm but at what cost and for how long . . .
21. What struck me immediately was the fact
that there were very few qualified solicitors of any level of
seniority undertaking legal aid work in the firm. The work was
being carried out for the most part by paralegals (unqualified
legal assistants) and trainee solicitors. They were doing their
best but often struggled with the complexities of the law and
the lack of experience. They were supervised by qualified solicitors
(including myself), as required by the Legal Services Commission,
but it was just that—supervision. The rates of pay would
not justify an experienced qualified solicitor dealing with the
case in any detail.
22. The reason for this allocation of work
was simple. The salaries of paralegals and trainee solicitors
working in legal aid range between £15,000 and £20,000
per annum. Qualified solicitors in the same field tend to be paid
between £20,000 and £35,000. Needless to say, I was
paid at the bottom of the scale, at just over £20,000. However
with legal aid rates in the region of £50 per hour as opposed
to privately funded rates being nearer £100 per hour, it
is easy to see why it didn't make economic sense to be employing
qualified solicitors, on even average salaries, to be undertaking
this work.
23. This did not have an immediate impact
on me. As a newly qualified solicitor, on about £20,000 per
annum, I was still considered affordable. But I knew things would
change.
24. That change started to manifest itself
once I had about three years post qualification experience. Like
all my qualified colleagues my firm issued me with fees targets.
They were not excessive but clearly had to cover my own salary,
the firm's overheads and the partners' income. I should stress
at the outset that the most senior members of my firm were not
fat cat lawyers as the Government and press is so keen to portray.
They were earning in the region of £35,000 to £40,000,
considerably less than the average secondary school head teacher.
25. In private practice career progression
is largely based on the generation of fee income for a firm. Failure
to meet those targets can result in stagnation within a firm or
even dismissal. Given the very low rates of pay set for legal
aid work the task of meeting those targets is literally twice
as hard for legal aid solicitors as it is for their colleagues
working for privately funded clients.
26. After a while the pressure of constantly
under performing as far as fee targets were concerned (the clients
continued to receive a first class service) began to take its
toll. I saw what was happening to my colleagues who had qualified
a few years ahead of me—they were either leaving or moving
within the firm to do privately funded work. As I said before,
the crucial and often very difficult work of tackling social exclusion
through access to justice was falling to the most inexperienced
members of the firm.
27. I knew I was soon gong to have to make
a decision. In fact that time came much earlier than expected
and to a large extent was taken out of my hands. With huge reluctance,
the firm decided a few months ago that it would no longer be offering
legal aid services in housing and employment. Breaking the news
to our clients was one of the most difficult tasks I have ever
had to do. We were the only firm on the locality offering this
service and we knew some of our clients would not be able to travel
to alternative firms. For them access to justice was denied, as
was the opportunity for me to develop my carer in this rewarding
area.
28. The Government and Legal Services Commission
dismiss the concept of legal advice "deserts". They
say that more firms than ever are bidding for new contracts. My
experience is very different. Firms that I know of are ceasing
to undertake legal aid work. Young solicitors are moving into
areas of legal practice that can offer some form of career structure.
Perhaps those firms still doing legal aid work are relying on
the labour of unqualified staff. That is fine up to a point but
no one is suggesting that schools be staffed by classroom assistants
only—I consider it wholly unfair that the Government seems
to think this approach is acceptable for legal aid.
29. For me then, the situation post qualification
was one of demoralisation and disappointment. I had battled with
the prejudice of peers, tutors, the press and the Government towards
legal aid lawyers throughout my training. I knew they played a
vital role in the community and wanted to be part of it. But the
obstacles were too great to contend with. I had debts from law
school hanging like a millstone around my neck. I was sick and
tired of the constant battle with the Legal Services Commission
over whether I could incur another £50 worth of fees to advise
a particularly needy client. My working life was tainted by constant
doubt over whether there would still be a job for me in six months
time. There was no career structure for me. How could it have
all gone so wrong?
RECOMMENDATIONS FOR
ACTION
In the light of the above written evidence the
YSG makes the following recommendations for action:
1. That the Government and the Legal Services
Commission consider models of provision that make legal aid pay
for qualified solicitors and enable firms to commit to the recruitment
of trainees and qualified solicitors, thus guaranteeing them a
satisfactory career structure in this field.
2. That the Legal Services Commission and
the Law Society consider the creation of centres of excellence,
based in law firms undertaking legal aid work, for the training
of future legal aid lawyers.
3. That the Law Society of England and Wales
works with the providers of the Legal Practice Course to develop
a dedicated Legal Practice Course to meet the needs of aspirant
legal aid lawyers.
4. That, in order to meet the future demand
for qualified legal aid solicitors, the Legal Services Commission
extends the operation of its training support scheme beyond the
300 places currently available.
5. That those outside the Legal Services
Commission Training Support Scheme have access to low rate student
loans for the Legal Practice Course if they commit to working
in Legal Aid for a minimum period.
6. That the Government enhances the public
image of legal aid lawyers and values their role in tackling social
exclusion. To this end we call upon the Government to cease its
public stereotyping of legal aid lawyers as overpaid and under-performing.
The Young Solicitors Group
January 2004
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