Barristers turn to other jobs, chambers empty, as pandemic hits legal profession – The Age

The abandonment of jury trials and adjournment of other hearings to stop the coronavirus spreading through the court system has caused an abrupt cessation of briefed work for self-employed defence and prosecution barristers.

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A Criminal Bar Association survey of members found that where 69 per cent of respondents were working more than 40 hours a week before the pandemic, 65 per cent are now working 20 hours or less. Only 5 per cent of criminal barristers have enough work for full-time hours.

The financial implications are bleak, with about two-thirds of barristers reporting the loss of more than half their usual income.

One in six barristers said they were likely or extremely likely to stop practising temporarily to find other work to pay their bills, while 9.4 per cent said they were likely to quit the bar altogether.

The dearth of work has prompted Adam Chernok, a junior barrister who should be entering the most productive years of his career, to swap his robes for a wetsuit and go surfing.

Mr Chernok said while the financial troubles of barristers were unlikely to provoke much public sympathy, it was devastating to see colleagues losing their livelihoods and clients facing long waits for their day in court.

Defence barristers Adam Chernok (left) and Mark Gumbleton have swapped their robes for wetsuits and headed for the coast.

He is also worried about what will happen when a massively overloaded criminal justice system cranks back into gear with fewer lawyers to do the work.

Like many sectors of the community, a lot of criminal barristers in my position are trying to cope as best we can. Which is to say, not very well, Mr Chernok said.

Ive made the criminal law my life and its not as though theres much else us shiny-bummed William Street-types can do. My and many of my colleagues livelihoods have been dramatically impacted by this and a lot of us feel like weve been hung out to dry.

Although the sitting schedule of the Victorian Court of Appeal has been largely uninterrupted and the Supreme Court has attempted to keep criminal matters moving, the County Court and Magistrates Court have taken a more cautious approach, with all County Court jury trials adjourned until next year.

The County Court is working to have some cases listed for trial as early as this month, pending further COVID restrictions.

The eye-watering fees commanded by high-priced commercial silks bear little resemblance to the financial reality of barristers who specialise in criminal law, particularly those who take on Legal Aid cases and appear regularly in lower courts.

Legal Aid pays trial barristers $2632 for their first days appearance and $1210 for subsequent days, $1619 for appearing on the first day of a plea hearing and just $317 for a sentencing.

The fee schedule budgets for 10 hours of preparation for a trial and three hours of preparation for a plea, which usually covers only a fraction of the working hours required.

The pay is lower in the Magistrates Court, where the daily trial rate is $1023.

As lone traders, barristers cover their own costs. These include about $350 a week for chambers, $1370 a year for their VicBar fees and practising certificates, several thousands of dollars for online legal library services such as Thomson Reuters, their own clerical, communication and administration costs and most of their travel costs.

Mr Gurvich said criminal barristers did well to break even in the early years of their career.

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The financial dilemma now confronting all barristers is that, while the cessation of trials and reduction of other court work has significantly reduced their income, most of their costs have remained.

The Age talked to several barristers who had given thought to quitting the bar and finding other work. One experienced counsel said: I honestly am devastated to say (this) but I sometimes think its just not worth being a barrister.

The full impact is unlikely to be known until September, when the federal governments JobKeeper subsidy is due to be abolished. Legal sources said once sought-after chambers were now haunted by zombie barristers, counsel waiting for JobKeeper to end before they turn in their robes.

Chip Le Grand is The Ages chief reporter. He writes about crime, sport and national affairs, with a particular focus on Melbourne.

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Barristers turn to other jobs, chambers empty, as pandemic hits legal profession - The Age