I am a barrister at New Park Court Chambers, with chambers in Newcastle and Leeds. I practice predominantly in Family Law, as well as Criminal Law.
Many of you will need no introduction to the difficulties those who do not have the funds, or are not eligible for legal aid, have in navigating Court proceedings, no matter which area of law they find themselves in.
The test for eligible for Legal Aid has not been updated in line with inflation since 2009. As we all know, the cost of living generally has continued to rise, by as much as 40% on average. This means fewer people are eligible for this support each year and are unable to access justice. Unfortunately, the Government in March 2024 again delayed the changes to legal aid, now until 2026*.
In a High Court judgment** as recently as 31st January 2024, Lord justice Singh and Mr Justice Lay stated: ‘In short, the evidence from solicitors working at grass-roots level is that the system is slowly coming apart at the seams.’ This is something we all are very alive to.
Research from the University of Loughborough, commission by the Law Society***, showed that people on incomes below the minimum standard were being excluded from legal aid, meaning families living below the poverty line were failing to meet the thresholds for such assistance. Currently, the value of someone’s property is also being taken into account in the means test, even though they cannot access this money.
Advocate, formerly known as the Bar Pro Bono Unit, is the national pro bono charity of the Bar. Since 1996, Advocate has provided free legal help to those who are not eligible for legal aid and cannot afford to pay, assisting in all areas of law across England and Wales, in every type of court or tribunal.
In 2023, Advocate received over 4,200 requests for help, an almost 15% increase in fresh applications compared to 2022. Sadly, Advocate is on track for breaking that record again in 2024.
In January 2024 alone, Advocate received 348 fresh applications for help, the highest ever in their history, highlighting the very real need for people trying to access the justice system who are otherwise ‘forgotten’ in the current legal aid criteria.
Advocate has linked their applicants with barristers in almost 900 requests for assistance so far this year, as of July 2024.
Family cases are one of Advocate’s busiest areas of law, making up almost 30% oftheir total current caseload , closely followed by Employment cases which make up around 25% and Housing cases which make up over 10%.
We will all have seen how difficult resolutions can be when there is one party who is not represented. Many cases are within proceedings for much longer than perhaps is necessary, simply because advice has not been given and is not available. Certainly the judiciary are very alive to how much easier the process can be when parties are represented, and are often very grateful for your assistance at a hearing as a Pro Bono advocate. In almost all cases I attend on a pro bono basis, the Judge has made a conscious effort to thank me for being there at the end of the hearing, and praising the charity for their work also.
Many of the decisions being made in Court could quite literally change the trajectory of someone’s life; whether that be in family law, criminal law, employment or housing. Being able to help those in their time of need, who are often disadvantaged simply because of their financial position, is very fulfilling. Perhaps unsurprisingly, those who you assist are wholeheartedly grateful.
Barristers, from second six to KC, can sign up to volunteer with Advocate. Not only is the work rewarding, but also hugely beneficial for gaining experience or expanding your practice.
For those earlier in their career, it can be a way to get more experience in work you may not being instructed on often due to lack of experience, and growing your confidence.
For those more senior, it can be a way to take on cases that expand your practice in an area you are particularly interested in, be linked with KC’s on the more serious cases, or push your career forward in terms of complexity/seriousness of cases, such as cases with novel points of law that you can sink your teeth into.
Even if none of that applies to you, choosing those cases which are not too taxing in terms of your ability to prepare and attend, is still a way of giving back.
Barristers can pick cases that interest you most at your own convenience by way of emails directly to you, and you are only requested to assist one piece of work/hearing, meaning you don’t necessarily need to take on a full case. You can remain involved in the case if you wish to, but there is no requirement to do so.
There is also the opportunity to sign up for a mentor, where you can receive advice and expertise on any Advocate cases you are working on from a senior barrister.
Many of Advocate’s cases can be carried out remotely, and support is always on hand from the dedicated casework team. Advocate has caseworkers based on every Circuit in England and Wales, playing a key role in building relationships across the regions nationwide to support local applicants with their cases.
Finally, those who volunteer 25 hours of their time a year (which includes preparation, travel, waiting at Court as well as the hearing itself and any subsequent involvement such as short attendance notes etc) are placed on the Pro Bono Recognition List published each year. This I’m sure is something you could display proudly on your Chamber’s website, as I do.
ind out more about working with Advocate and how to volunteer on their website.
*https://www.lawsociety.org.uk/contact-or-visit-us/press-office/press-releases/legal-aid-means-test-changes-delayed-until-2026
**Priced out of Justice? Means testing legal aid and making ends meet. Professor Donald Hirsh, Loughborough University, March 2018. ( https://prdsitecore93.azureedge.net/-/media/files/topics/research/priced-out-of-justice-report-mar-2018.pdf?rev=b2f6381d3d464ef681443f270ac6dc2c&hash=057CA605C4E76694472D67D88A5FFC0D )
***, R (on the application of the Law Society of England and Wales) v The Lord Chancellor [2024] EWHC 155 (Admin.
Emma Hughes, barrister, New Park Court Chambers
