Young Legal Aid Lawyers COVID-19 Report

April 2020

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Contents

1. Introduction 2

2. Background 2

3. The Survey 3

4. Respondents 3

5. Findings on Technology for Remote Working 5

6. Findings on Flexible Working 5

7. Adaptations for Caring Responsibilities 7

8. Supervision and Support 8

9. Findings on Safeguarding in High Risk Environments

a) Court

b) Other venues including police stations

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10. Job Security

a) Furlough and Redundancies

b) Adjournments

c) Training contracts/pupillages

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11. Communication 22

12. Conclusion 23

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1. Introduction

Young Legal Aid Lawyers (YLAL) is a group of aspiring and junior lawyers committed to

practising in those areas of law, both criminal and civil, that have traditionally been publicly

funded. We have around 3,500 members including students, paralegals, trainee solicitors,

pupil barristers and qualified junior lawyers throughout England and Wales.

We believe that the provision of good quality, publicly funded legal assistance is essential to

protecting the interests of the vulnerable in society and upholding the rule of law. As well as

campaigning for a sustainable legal aid system, our core objectives are to increase social

mobility and diversity within the legal aid sector, to promote the interests of new entrants and

junior lawyers and provide a network for people beginning their careers in the legal aid sector.

2. Background

As all readers of this report will be aware, COVID-19 has developed into a worldwide

pandemic. All aspects of society are affected, including all elements of the justice system and

the professionals who work in it.

In guidance released on Thursday 19 March 20201, key workers were defined to include ‘those

essential to the running of the justice system’. Many of our members, and respondents to this

survey, are key workers.

In order to stop the virus spreading between households, citizens were instructed by the Prime

Minister on Monday 23 March 2020 that they should leave their home only for very limited

specific reasons, including ‘travelling to and from work, but only where this is absolutely

necessary and cannot be done from home’2.

This was enshrined in The Health Protection (Coronavirus, Restrictions) (England) Regulations

20203, which prescribes in regulation 6 that ‘During the emergency period, no person may

leave the place where they are living without reasonable excuse.’

1https://www.gov.uk/government/publications/coronavirus-covid-19-maintaining-educational-provision/guidance-for-schools-colleges-and-local-authorities-on-maintaining-educational-provision 2 https://www.gov.uk/government/speeches/pm-address-to-the-nation-on-coronavirus-23-march-2020 3 http://www.legislation.gov.uk/uksi/2020/350/contents/made

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A reasonable excuse included ‘to travel for the purposes of work or to provide voluntary or

charitable services, where it is not reasonably possible for that person to work, or to provide

those services, from the place where they are living’.

These regulations came into force at 1pm on Thursday 26 March 2020.

The Coronavirus Act and Coronavirus-related Regulations have brought into law extensive

changes to the functions of the justice system and powers of those within it. YLAL is aware of

this, and their potential long-term impact on access to justice.

This report is not intended to address all YLAL’s concerns about the wider implications of the

current crisis. Rather, it is limited to analysis of the immediate and current impact of COVID-

19 on our members, their work, and their future; and recommendations relating to these.

3. The Survey

YLAL’s COVID-19 survey gathered data between Thursday 26 March and Friday 3 April 2020.

We received 309 responses from those practitioners who would be eligible to be YLAL

members (10 years’ post-qualification experience or less).

The purpose of the survey was to gather evidence as to how the COVID-19 crisis is affecting

young legal aid lawyers’ professional lives, to understand best and worst practice experienced

by them, and to make recommendations relating to how best to protect the health and welfare

of those working in legal aid.

All responses to the survey were provided anonymously.

4. Respondents

The respondents are YLAL members and other junior practitioners, including administrative

assistants, pupils and trainee solicitors, and qualified barristers and solicitors who are within

10 years’ post-qualification experience.

Respondents’ roles are broadly reflective of YLAL’s membership base as a whole:

approximately 42% are solicitors/trainee solicitors; 31% are barristers/pupil barristers; and

20% paralegals/caseworkers.

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Respondents come from a broad range of practice areas, including most areas of work funded

by legal aid or traditionally funded by legal aid.

The three practice areas with the largest number of respondents to the survey were crime

(34%), family (22.3%) and public (20.1%):

Area of law %

Crime 34.0

Family 22.3

Public 20.1

Housing 15.5

Asylum & Immigration 14.6

Claims against public authorities 12.3

Community care 9.7

Personal injury 6.8

Employment & discrimination 6.5

Welfare benefits 4.5

Prison 4.2

Education 2.6

Inquests & inquiries 2.5

Debt 1.6

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5. Findings on Technology for Remote Working

90.6% of our respondents were working remotely at the time of answering the survey.

Nearly 85% of respondents felt that their employers had put the required technology in place

to enable them to work from home effectively, though 15% responded that this had not

happened.

Comments included:

• I do not have the equipment I need to do my job properly. I live in a very small studio flat and it is not possible to work there. I had to buy equipment (i.e. mouse, keyboard and stand) without any guarantee they will be reimbursed.

• I have been given access to our systems but have to use my own laptop to access this. I use my own chair, desk and other equipment which is proving a bit uncomfortable.

• At the moment I am having to use my own mobile to call clients, so I am blocking the caller ID. I am also using my own laptop. I do not think that I should have to do this, but my employer has said they are in the process of making arrangements.

• Although remote access is available most files are in hard copy and it is impractical to work remotely.

YLAL is concerned at the numbers of respondents who have not been supported with

appropriate technology to do their jobs.

6. Findings on Flexible Working

52 respondents stated that their employer is not allowing flexible working arrangements to

accommodate for current disruption.

Respondents said of flexible working:

Recommendation:

• YLAL calls on all employers to assess the tools given to their staff /members, and to provide them with adequate equipment to enable them to work from home effectively.

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• I am working full time but also parenting full time alone. My working day starts at 5am and then just spreads throughout the day and evening as and when I can do it.

• Daily chargeables hours are expected, we are expected to be logged in during the core hours, all calls diverted to our mobiles. Us without children are asked to cover for those who do.

• We are permitted to work from home. However, our hours remain the same and we are still expected to attend the Courts and the Police Stations as usual.

• Working hours remain the same, 9-5. This is problematic as it is taking a long time to do basic food shopping with long queues.

We saw some examples of employers being very supportive of their staff and flexible in their

approach to work:

• I have had my files couriered to me and a work laptop. I’ve had an app set up so that I can call clients without them seeing my own number. I have been told not to worry about targets and not to take on any new clients until things change. I’ve been told we still have funding in place, but if funding and all income were to end then the organisation can pay two months of salaries from the reserves. Overall my organisation has been really really good.

• Regular group chat to check who needs what in order to work well. Understanding that [working from home] during this time will be disruptive and staff may not be able to work to full capacity.

• Employer totally flexible on when hours worked and have been attempting to accommodate for lack of contact by organising events online etc.

• Can do up to 50% less per day due to caring commitments. All [COVID-19] related leave being classed as special leave so paid and not down as sick leave

YLAL welcomes the fact that many respondents’ employers and organisations have allowed

their teams to work flexibly, and outside of ‘usual’ 9-to-5 office/working hours. This is best

practice, and should be acknowledged as firms and organisations positively adapting their

expectations to the currently up-ended lives of their workers.

However, it is concerning to see so many respondents are being forced to maintain normal

office hours complete with normal chargeable hours targets, irrelevant of the workload they

have and the home circumstances they are currently having to tackle.

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7. Adaptations for Caring Responsibilities

Our respondents with caring responsibilities faced additional challenges in relation to flexible

working / remote working. 10.5% of respondents had childcare or other caring responsibilities

affected by COVID-19.

Respondents reported having to balance home-schooling their children due to school and

nursery closures, whilst balancing a full time job:

• Tag teaming with partner to achieve this.

• I have two children aged 5 and 7. I’m sharing child care / home school with my husband. We are both working at home.

• I am a single mum to two kids. I have sole care of them. I have been in full isolation for 9 days now.

• Having to work during child’s naps and in shifts with partner.

Respondents who are living with elderly or vulnerable people described the difficult

circumstances they face - whilst continuing to try to work:

• I help care for my sister and mum who are both in the vulnerable category. My sister cannot go to college due to her health despite having an EHCP so she needs to be cared for at home 24/7.

• My daughter is off nursery and my husband broke his hip in an accident just before this started so I have to look after both of them and work.

• My mum is terminally ill, I have had to move out to allow me to continue to work without placing her at risk.

Another described how their employer did not initially allow remote working, which meant the

elderly relative with whom they lived was exposed to risk.

Recommendation:

• YLAL calls on all employers to assess the tools given to their staff/members, and to provide them with adequate equipment to enable them to work from home effectively.

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YLAL accepts that the current pandemic is unprecedented, and that businesses, practitioners

and society as a whole have had to adapt considerably from ‘business as usual’. However, it

appears that some employers are not making adequate adjustments or adaptations.

8. Supervision and Support

Whilst the majority of respondents (84.7%) felt that the type of work they are required to

undertake has been unaffected, 8.7% said that they are having to undertake work beneath

their level of experience, and 6.7% beyond their level of experience.

45% of respondents said that they are receiving less supervision and support as a result of

COVID-19.

Pupil and trainee solicitor respondents were asked to provide details of how their supervisor is

ensuring that their training requirements are satisfied.

Recommendation:

• YLAL calls for employers to be particularly aware of vulnerable individuals and those with caring responsibilities, how their personal circumstances are impacting on their working lives, and to be adaptable and flexible to accommodate these needs.

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Positive examples of supervisors inspiring their junior colleagues with the support they have

given included:

• Supervision takes place mainly by email but we are pushing to use Zoom from next week when the system is hopefully set up for weekly supervision meetings. We normally have weekly face to face supervision meetings.

• My supervisor is great. She contacts me regularly to check I am okay but she has to wait for guidance from chambers and the BSB.

• My supervisor emails, telephones and video calls. He is trying to keep me involved in his own work and keep me busy. He makes amendments to my work and encourages me to try and determine next steps. I’ve not had any formal training but I feel like I am being trained on the job and am learning.

• My supervisor asked us to work from home 4 weeks ago pre pandemic. She brought us all personal hand sanitiser anti bac wipes etc to use when travelling on public transport. She asked us to text her every morning to let her know if we were okay or had any symptoms. She began remote supervision for those of use working from home. She was excellent.

Others recounted far less positive experiences of their organisation’s response to training

requirements and supervision. The majority of respondents to this question said that this has

not been discussed or addressed at all.

Respondents commented:

• As a first year tenant [barrister], my Chambers have not even reached out.

• My supervisor checks in with me relatively frequently but is very focussed on management and attending video conferences so I am largely left to get on with things on my own, which is terrifying as it's a completely new area of law for me and I have no idea what I am doing. Thankfully I have supportive colleagues and kind counsel on some cases, but I am very fearful that I am letting clients down.

• Trainees have continued to work. Workload has increased and PSC [Professional Skills Course] courses are online.

As the most junior in the profession, often still going through training, young legal aid lawyers

should be supervised and supported in line with industry training recommendations, for the

protection of their clients, themselves, and their firms or chambers.

Regular phone, email, and video conferencing contact can be used to facilitate casework

supervision and training support. It appears from responses to the survey that when this is put

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in place, employees feel much more able to get on with their work productively, knowing that

they have someone to turn to if needed.

9. Findings on Safeguarding in High Risk Environments

Court

Nearly one fifth of respondents (18.2%) are still required to attend court. We note that lawyers

involved in ongoing and necessary litigation and court proceedings were designated as key

workers by the government. This means that key worker parents may be able to send their

children to school to allow them to continue to work. However, this is a decision which raises

its own concerns, and provision of schooling is inconsistent across the UK with many areas

having “hub” schools which may be inaccessible for some parents and may cause greater

distress for children having to attend a new learning environment.

We wish to highlight the government’s decision to recognise legal work as “key” work and hope

that this willingness to recognise the need for legal representation and advice in order to allow

society to continue to function will influence their decision making regarding legal aid and

access to justice in future.

Respondents commented of their experience attending court:

• Arrangements had been made at court (after 3 week delay) that custody cases were to be brought into a secure dock and the court cleared for consultations. However jailers then refused to implement this, forcing solicitors into cells or to refuse to take instructions from their clients. The cells at local courts are not fit for social distancing (or for purpose most of the time...). On occasions I’ve visited courts / police stations there was no extra or noticeable cleaning nor hand sanitizer etc. Business more or less as usual.

• The Courts are not set up to socially distance, for example when you need a quiet word with the prosecutor or to take a couple of extra instructions from your client.

Recommendation:

• YLAL calls for supervisors and employers to embrace e-contact with their teams, and to ensure that adequate and appropriate supervision is given to all employees and colleagues.

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Some respondents commented that the courts have been adapting to telephone hearings:

• A couple have been adjourned. Most have gone ahead as remote hearings. As I am so junior I am doing directions hearings in Family Court that can be easily rearranged as a telephone hearing. I say easily, it has taken a lot of determination from me, the court ushers and solicitors firms to make it work!

• A lot of hearings [in the] first two weeks [were] adjourned, but hopefully technology will be in place to allow some but not all to go ahead.

YLAL notes from the survey responses generally that problems persist during physical court

attendances. We welcome the guidance4 and protocols in place by HMCTS5 regarding safety

and hygiene but suggest that without proper enforcement these are toothless instruments.

HMCTS6

Other venues, including police stations

A quarter of respondents said their job forced them to put themselves and their households at

risk of COVID-19 infection, excluding as a result of attending court. This tended to be primarily

due to police station attendances. Other reasons included seeing clients face-to-face to sign

up for legal aid, attending psychiatric hospitals to visit clients, and going to the office to

receive/send post or to bill files.

4 https://www.gov.uk/guidance/keeping-court-and-tribunal-buildings-safe-secure-and-clean 5 https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/complaints-procedure

Recommendations:

• YLAL calls for all court staff and court users to be provided with complete and up to date information on safety and hygiene in the court setting.

• A consistent approach from all parties in relation to social distancing and hygiene.

• All court users to report unsafe practices to HMCTS

• All employers and senior members of the profession to support their junior colleagues in any action required to ensure their safety.

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Our respondents attending police stations describe the risks they face:

• Small interview rooms are still being used with a single larger one reserved as a sterile room. Taking of the temperature of detainees only if they describe symptoms. Small consultation rooms and the only difference appears to be washing hands on entry. Likewise surely new powers of arrest for those not complying with isolation would only increase the risk in the police station.

• I have to go to the police station and courts and sit in small rooms for long periods with clients.

• Police station interviews where police are refusing to allow the use of remote tech such as phones or video link.

YLAL notes that whilst justice requires that citizens are able to access legal advice at the police

station, it is clear that insufficient protective measures have been organised for police station

representatives, clients, and police officers.

YLAL notes that there is an Interview Protocol7 now in place between the Crown Prosecution

Service, National Police Chiefs’ Council, Law Society, Criminal Law Solicitors Association and

London Criminal Courts Solicitors Association. This became effective on Thursday 2 April

2020, but on Sunday 5 April 2020, YLAL was still receiving anecdotal evidence that local police

forces were not aware of the existence of the Protocol. Reports also suggested that of those

7 https://www.lccsa.org.uk/wp-content/uploads/2020/04/KH-National-Protocol-02.04.20.pdf

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forces who are aware of the Protocol, some are unable to adhere to it due to inadequate

resources and facilities.

YLAL supports the Protocol, but recommends its wider communication to police forces. YLAL

notes that the Law Society is collating data as to non-compliance8, and YLAL recommends

that both its members and more widely the profession as a whole ensure that non-compliance

is reported as quickly as possible.

Other respondents described the risks their employer requires them to take by travelling

(sometimes on public transport) to their office:

It should be noted that these survey responses were submitted after 23 March 2020, when

The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 came into force.

These require people to work from home, with the exception only if it is not ‘reasonably

practicable’. Responses to our survey included:

• We are still expected to be in the office twice a week

• [I am] unable to work from home despite living with vulnerable parents. Have been provided with Dettol wipes and hand wash.

• I have been placed on the Furlough Worker Scheme. My boss has refused to put measures in place to allow flexible working. Staff are still going into work.

• I will also be expected to make very occasional trips into the office to facilitate billing of files and other essential administrative functions.

• Still have to attend the office twice per week and may have to meet colleagues’ clients to collect their documents - court only as required (less than once per week).

• We have been requested to visit the office in person to prepare our files for billing. I am in the vulnerable category due to an underlying health condition. I cannot drive due to my

8 https://www.caseratio.co.uk/security/complaintform

Recommendations:

• The National Police Chief’s Council and the College of Policing to ensure that all police officers are aware of, and adhere to, the Protocol

• Members of the profession to report all non-compliance with the Protocol to the Law Society

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health condition as well. Whilst it may be possible to get a lift, I cannot travel as I can pass on the virus to my mother who is also vulnerable.

10. Job Security

Nearly a quarter (23.2%) of respondents said that they are extremely worried about their job

security as a result of COVID-19, and a further 22.5% said that they are quite worried.

[1 being not worried, and 5 being extremely worried]

• Job security is very low as the firm has very limited means of income for the foreseeable future. All cases being adjourned for a minimum of 3 months means that It is likely to be 4 or 5 months before any income will be seen from these cases. Usual prison law income

Recommendations:

• Employers to comply with The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, such that people work from home as standard, and exceptions to this are only where it is not reasonably practicable.

• Employers to ensure that junior members of staff are not required to attend the office unless this is absolutely necessary, and consideration be given as to whether a senior member of staff can attend instead. If junior members of staff are required to attend the office, expenses should be provided to ensure the staff member does not have to travel by public transport.

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has also been decimated which makes up 70% of the firm's income. All hearings cancelled or deferred.

• I have significant outgoings, mortgage and other financial affairs. However, due to the current climate together with being furloughed there is no guarantee of job stability or a stable financial income, this obviously worries me. Given my future depends on the firm’s LAA funds, I am constantly on the edge when it comes to job security.

Job Security: Furlough and Redundancies

At the time of responding to the survey, 12% of employed respondents had been furloughed.

8% had been forced to take reduced working hours. Two respondents’ employment had been

terminated.

Numerous respondents commented that even if they were not furloughed, 80-90% of their firm

were.

Other comments included:

• ...Due to the current pandemic situation the firm has decided to furlough almost every employee other than the partners themselves. Given the Court’s decision to adjourn non-essential cases for the foreseeable future this has resulted in a marked reduction in work for the firm as a consequence the partners have decided to conduct the limited work themselves.

• I am a [police station] rep, employed by the firm. We are expected to make judgements on a case by case basis, asking relevant PPE questions and if can deal remotely BUT if police won’t co operate properly or circs don’t allow I can’t just hand it back and would have to attend. This has caused me no end of anxiety, the rest of the firm are furloughed, I’m doing all their slots and back up calls so chances are high of having to go out. I am desperately hoping met will put measures in place urgently, I’m not sleeping as anxious about having to enter a custody suite

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• ...Some of us are being told to continue to work although we have been furloughed. We are worried to tell the firm that this is against the government guidelines, due to the potential effect it may have to our career and roles. I feel partners / directors are taking advantage of trainees and young newly qualified solicitors. In addition, we are being told to contact clients via our personal mobile phones.

• My firm has imposed a 10% pay cut to everyone. This is a regressive cut as it is not tiered. Most admin staff have been furloughed. The firm indicates that redundancy may be necessary.

• Now we're being furloughed it feels like we're jumping from a sinking ship for a few months and leaving our clients to perish.

• I have now been offered furlough, or a reduction in hours to 1-2 days per week.

• As a trainee I have been furloughed. This means taking a 20 per cent decrease in wage (despite already being on a low salary). This is for one month initially then under review. There is no guidance by the SRA / my law firm on how this will impact my training contract (which I am due to finish in 4 months) which is extremely worrying. This also impacts future earning ability as if my training contract date is pushed back, so is the date my wage changes to a qualification wage.

Most furloughed respondents report that their firms will be capping their wages at the 80%

offered by the Government’s Coronavirus Job Retention Scheme, rather than paying them

their full contracted salary.

Young legal aid lawyers are already on low salaries, and many will not be able to afford basic

living costs if they lose one fifth of their wages. YLAL’s 2018 Social Mobility Report9 found that

on average, 53% of respondents were earning less than £25,000. 72% had or anticipated

having debt over £15,000 as a result of their education; 26.5% expected over £35,000 debt.

See the section below for the wider impact of furlough and YLAL’s recommendations.

9 http://www.younglegalaidlawyers.org/socialmobilityreport2018

Recommendations:

• All legal aid employers to commit to paying their employees’ full salary when furloughed;

• All employers to take into account the needs and workload of those employees not furloughed before making any decision to furlough staff.

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Job Security: Adjournments

Barristers noted that aside from a few telephone hearings, most if not all of their work had been

adjourned. Many commented on the financial implications of this to them, as well as the impact

this has on their ability to sustain their practice:

• There is a huge financial impact as it is impossible to work. Odd telephone hearings to adjourn cases are insufficient to pay the bills. We rely on trials for this. Prep and paperwork done at home is not paid for. Therefore, little or no income for most criminal barristers at present.

• Trials were being listed in 2021 before the crisis so who knows when they’ll be re-listed.

• I am not getting work I would otherwise get because higher ups in chambers are taking it instead and sending juniors to do in person hearings they don’t want to cover. I have also attended court for a family case that was vacated without notification to any party and no official adjournment ordered. Then the judges refused to sign our FAS form to say we had attended so no payment for the work done or the 2 hour long travel to get to court.

• Devastating. My income has completely stopped overnight. My clerks are great and are finding every little thing they possibly can to bill, and similarly the CPS are turning around payments very swiftly, but I will run dry within 2 months. Luckily I can get a mortgage holiday, but if there are no jury trials for some time, I will need another job!

There are particular concerns for pupils gaining adequate experience during their ‘second

sixes’ (the second six months of their one year training, when they begin to conduct advocacy

at court hearings):

• I was due to start my 2nd 6 of pupillage on 16th March. Since then only 2 of my cases have

gone ahead. I was due to have a case every day. I am now 3 weeks in and only done 2

hearings because all the others have been pulled out or adjourned.

• I am starting second six next week and all the cases that I had in my diary have been

adjourned. Therefore, I am starting with nothing in my diary and expect only to have limited

telephone hearings in the first few weeks. After speaking to other members of chambers

their workload has dropped significantly with only urgent hearings being dealt with and

everything else being adjourned. As a pupil, I'm not expecting to get much work at all

because pupils are the least experienced and therefore the last choice!

• It is a really difficult/uncertain time for everyone at the moment, however, I am feeling

particularly vulnerable as a pupil because if there is a significant reduction in work then I

am unable to gain experience & the likelihood of being taken on as a tenant may reduce.

See the section below for the impact of adjournments and YLAL’s recommendations.

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Significant impact will also be felt by barristers who have not yet practised for long enough to

have submitted a tax return, as they will fall outside the Government’s Coronavirus Self-

employment Income Support Scheme:

• As a tenant for less than 1 year I have not yet done a full tax return and in my previous tax return, the majority of my income was from employment before pupillage. I have savings of more than £16,000 for my tax bill. I therefore do not benefit from any Government support or benefit and will have no choice but to use my savings/tax money to survive over the next few months.

• Not got 1 year tax return. Inns look like [they will not be] able to help. Diary seems to be empty, week by week. Luckily not having to send [my] child to nursery, but will have issues if I do get a remote hearing. CPD would be beneficial - this all costs money I don’t have. Already suffering having taken loans/cc for the pupillage year

• I have no income at present, I am a first year tenant so have very little savings behind me and I’m having to survive on whatever money I have coming in from cases in the past few months

See the section below for the wider impact of adjournments and YLAL’s recommendations.

Job Security and Industry Sustainability: The impact of furloughing and adjournments on junior lawyers and their organisations

YLAL has campaigned for many years for legal aid providers to be paid adequately for the

publicly funded legal aid work they undertake. It is unsurprising that with legal aid rates being

at the low levels they are, with areas of work having received no increase in rates this century10,

even to account for inflation (meaning an effective real-terms cut), that firms conducting legal

aid work are unable to keep afloat and keep their staff employed.

YLAL has undertaken extensive research and campaigning as to the sustainability of the

profession.

Our 2018 Social Mobility Report11 demonstrated that since YLAL’s previous Social Mobility

Report in 2013, the effects of the cuts introduced by the Legal Aid, Sentencing and Punishment

of Offenders Act 2012 (LASPO) had been felt. LASPO profoundly affected access to and social

mobility in the sector. Legal aid law firms and other organisations are struggling to survive and

often pay well below the living wage to their employees.

10 See National Audit Office report from 2014 which found that civil legal aid rates have not been increased for inflation sine 1998/1999. https://www.nao.org.uk/wp-content/uploads/2014/11/Implementing-reforms-to-civil-legal-aid1.pdf 11 http://www.younglegalaidlawyers.org/socialmobilityreport2018

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Our report found that ‘Significant obstacles to entering the profession remain. For those that

do make it, many find the reality of a career in legal aid unsustainable. The result is that the

sector is losing out on talented and experienced individuals.’

The system was already creaking. As is clear from the evidence of this survey, the current

crisis puts the viability and survival of the legal aid sector at significant risk. One respondent

told us:

• Because of the way legal aid is paid, I should be able to afford my rent etc. during the pandemic itself. However, my worry is that, in six-nine months' time, I will have no discernible income and may have to consider ceasing to practise.

67.5% of respondents described the combined effect on their volume of work as a result of

coronavirus as ‘decreased’, ‘significantly decreased’ and/or ‘decimated’.

YLAL believes that changes to workload reflect the difficulties that legal aid providers currently

face; with challenges to cashflow as a result of legal aid cuts and the stagnation and real-terms

cuts to legal aid rates already faced, the significant decrease in work will have a clear and

catastrophic impact on firms trying to pay their staff and on barristers’ self-employed income.

YLAL notes that to date (Tuesday 07 April 2020), the Legal Aid Agency has done little to

provide financial support to legal aid providers. In its guidance, ‘‘Financial Relief for Legal Aid

Practitioners’12 it states that it is attempting to process bills and other payments as rapidly as

possible. It also reminds providers of existing methods of regulating cash flow, for example,

that they are able to claim interim payments on account of costs at certain times in some types

of cases.

12 https://www.gov.uk/guidance/financial-relief-for-legal-aid-practitioners

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The guidance further states that the Legal Aid Agency is working with the Ministry of Justice

and provider representative bodies to investigate what other immediate actions it can take to

support firms. This guidance does not appear to recognise the urgency of the financial

pressures on providers, which often have small cash reserves due to the narrow profit margins

for legal aid work.

Job Security: Impact of the Covid-19 Pandemic on Training Contracts and Pupillages

YLAL notes that there has been a distinct lack of certainty for a considerable period as to how

training contracts would be affected by a period of furlough. Law Society guidance13 simply

stated that discussions are ongoing with the Solicitors Regulation Authority. YLAL endorses

Junior Lawyers Division’s call for further clarity on the position trainees now find themselves.

We are pleased that the Solicitors Regulation Authority has now acknowledged Junior Lawyer

Division’s concerns and issued guidance14. However, whilst the guidance to confirm flexibility

13https://www.lawsociety.org.uk/support-services/advice/articles/coronavirus-covid-19-advice-and-updates/ 14 https://www.sra.org.uk/sra/news/coronavirus-questions-answers/

Recommendations:

• The Legal Aid Agency to make payments to legal aid providers in areas which are severely impacted by the current rules in place. We call for payments to be made to providers based on their usual legal aid income over a 3 month period.

• The Legal Aid Agency to make prompt payments to legal aid providers for all work carried out, including in areas where there is currently no or insufficient provision for payments on account to be made.

• All furloughed employees wages to be topped up by employers to 100% of their salary.

• The Council of the Inns of Court to consider coordinating the Inns of Court in supporting their junior legal aid lawyer members with a hardship fund.

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in supervision to include e-supervision is welcome, the guidance provided does not go far

enough.

The guidance confirms to trainees that:

‘If your firm decides to put you on furlough, you do not need to do anything. When you are

taken off furlough, your firm will discuss with you whether your period of recognised training

needs to be extended. This will depend on the length of time you have been on furlough. If

your period of recognised training needs to be extended, your firm will need to notify us of the

extension period and that this has been agreed with you.’

Whilst YLAL acknowledges that we are going through uncertain times, we believe that

employers and the SRA should be seeking to give trainees as much career certainty and job

security as possible, whilst of course ensuring that a qualifying solicitor’s skills and experience

is sufficient. The guidance falls far short of giving any trainee peace of mind.

YLAL notes that the FAQs provided by the Bar Standards Board15 to chambers and to pupils

as to the impact of COVID-19 on pupillages is clear. This includes pragmatic recommendations

as to being flexible on experience and training, and encouraging the use of remote supervision,

observation and support.

However, YLAL is very concerned to note that as a result of the crisis, the BSB has authorised

chambers to reduce the pupillage award that has already been advertised to their pupils. This

15https://www.barstandardsboard.org.uk/training-qualification/becoming-a-barrister/pupillage-component/covid-19-and-pupillage-faqs.html

Recommendations:

• YLAL calls for the Solicitors Regulation Authority to provide specific confirmation that upon a training principal confirming that the trainee has had sufficient experience otherwise, a training contract period will not be extended if trainees are furloughed for up to and including three months

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is allowed with the caveat that the pupillage award does not fall below the minimum pupillage

funding level.

The minimum award takes into consideration the Living Wage Foundation’s Real Living Wage,

and for the period 1 January 2020 to 31 December 2020, this rate is £18,866 for 12-month

pupillages in London and £16,322 for 12-month pupillages outside London16.

YLAL believes that this is a regressive step. We are concerned that pupils will have funding

for pupillage awards reduced unilaterally and potentially without necessary consideration of

whether it is actually necessary for chambers to reduce the award in order to continue to

function and/or to recruit or retain pupils. Pupils will have made financial commitments based

on their pupillage award and may not be able to mitigate any loss of income resulting from this

change.

11. Communication

Many respondents expressed frustration at communication methods and content about their

workplaces, livelihoods and the courts more generally:

• All employees at my firm received an email in the evening informing us that 'we have identified staff who can be furloughed' and that those individuals would be emailed separately. The email also stated that all employees would have their pay cut by 10% from April…. I am full of rage that my firm thinks us so utterly expendable that they would convey such important information to staff in such a way- outside of working hours (so many of us including me found out about it first on the grapevine) and demanding an urgent response very late at night. We are constantly told that 'sacrifices have to be made' for the survival of the firm but there is no doubt that these sacrifices affect the junior staff disproportionately. Those furloughed are legal clerks and admin assistants. I truly hope the firm realises when they are gone how vital their support is.

16https://www.barstandardsboard.org.uk/training-qualification/bar-qualification-manual/part-2-for-students-pupils--transferring-lawyers/c2-responsibilities-of-aetos/c2-3-pupillage-funding.html

Recommendation:

• YLAL calls for the Bar Standards Board to remove its agreement for chambers to vary pupillage awards already advertised

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• A huge amount of information is contradictory - we're getting daily emails from SRA, LAA, Bar Council, Crown Courts, Lord Chief Justice, Magistrates Court - and they are all giving contradictory information which is causing stress and uncertainty to my clients.

Employers and others should be providing clear information. A lack of transparency regarding

decision-making and financial stability can and will lead to increased employee stress and a

decline in mental wellbeing if left unaddressed. It will also lead to less productive staff which in

turn will affect income.

12. Conclusion

YLAL concludes that whilst some employers and chambers have done their utmost to support

the junior members of the profession, there are observable examples of poor practice and

there is significant scope for improvement across the legal aid profession.

YLAL calls for the Legal Aid Agency to engage with and provide immediate financial assistance

to legal aid providers, in order to enable them to continue to provide the services their clients

desperately need to ensure access to justice.

YLAL recognises the extreme difficulties faced by employers and senior members of the

profession at this time. However, we call for a transparent and collaborative approach to

Recommendations:

• Employers to consider the way they communicate with their staff, specifically;

• Being clear about what is happening, and who will be affected

• Communications within working hours wherever possible

• Naming a point of contact for staff to discuss concerns

• Considering whether information can be better disseminated over telephone or video conference, rather than by email

• HMCTS, representative bodies and other organisations to streamline information dissemination wherever possible, and to coordinate with others to reduce contradiction and uncertainty.

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decision making which also takes into account the specific concerns of the most junior

members, particularly those highlighted in this report.

YLAL thanks all its members who took the time to contribute to this important survey during

this difficult period.

07 April 2020

Young Legal Aid Lawyers

http://www.younglegalaidlawyers.org

ylalinfo@gmail.com

@YLALawyers