HC Deb 26 January 1976 vol 904 cc5-7W
Mr. Ashley

asked the Attorney-General (1) what is the number of solicitors and barristers practising at present; and if he is satisfied that entry into the legal profession is open for all those with the ability and wish to do so, irrespective of their means;

(2) how many women and coloured people practice in the legal profession; and what proportion each group represents of the total number;

(3) if he will conduct a survey of the social background of lawyers and the proportion of them who are working, middle or upper class, respectively.

The Attorney-General

There are approximately 3,700 banisters and 29,000 solicitors now in practice. 260 women, 7 per cent. of the total, are in practice at the Bar, but no information is available as to how many of the total of about 2,200 women solicitors are currently in practice. Nor is any information available as to the numbers of coloured persons who are barristers or solicitors, for there is no discrimination on grounds of colour in the admission of members to either branch of the legal profession.

Financial aid is made available by local authorities and by the professions themselves to assist persons of limited means who are otherwise eligible to enter the profession.

My noble Friend the Lord Chancellor agrees that entry into the legal profession should depend upon ability and suitability and not on means, but he does not think that any useful purpose would be served by instituting a survey of the social background of lawyers such as my hon. Friend suggests. It is the case that many lawyers have working-class backgrounds and some of these have risen to the top of the profession.

Mr. Ashley

asked the Attorney-General (1) what are the average daily fees paid out of public funds for appearances in criminal and civic courts for prosecution and defence banisters who are Queen's Counsel and junior barristers;

(2) whether the average annual earnings of banisters have kept pace with inflation, fallen behind or gone ahead in each of the last five years;

(3) what are the average annual earnings of solicitors in each of the last five years, and whether they have kept pace with inflation, fallen behind or are ahead;

(4) if he will set up an external, independent body to review lawyers' fees.

The Attorney-General

No reliable information is available as to average daily fees or as to average annual earnings of barristers and solicitors. The desirability of a review of the amounts received, particularly in legally aided cases, is at present being considered.

Mr. Ashley

asked the Attorney-General if he is satisfied with the rule of the Bar Council that a full fee should normally be paid to a barrister after delivering of the brief whether or not the case is settled out of court.

The Attorney-General

This is not the rule.

Mr. Ashley

asked the Attorney-General what consideration he has given to the proposal that barristers should only be paid for work actually carried out.

The Attorney-General

I am not sure what my hon. Friend has in mind. In legally aided cases barristers' fees are settled by the independent taxing officers of the court, who take into account the work actually done, and in all other cases the fees are a matter for negotiation between the barrister and the instructing solicitor.

Mr. Ashley

asked the Attorney-General what study he has made of the provision that a barrister shall be paid separate fees for every client he represents and may not be paid a collective fee, even when the cases are the same or substantially identical.

The Attorney-General

In legally aided cases all fees payable to counsel must first be approved by a taxing officer of the court, who allows only what he regards as fair and reasonable remuneration. In other cases the questions of separate or collective fees is a matter for negotiation between the barrister and the solicitor and there is no absolute rule such as is implied in the Question.

Mr. Ashley

asked the Attorney-General (1) what representations he has received about barrister's monopoly of the right of audience in the High Court, Crown Court and Court of Appeal; and what replies he has sent;

(2) if he will take steps to end the monopoly of lawyers to appear as advocates and allow a party to be represented by anyone competent to help him present his case.

The Attorney-General

There is nothing to prevent an individual litigant from appearing in person in the High Court, Crown Court or Court of Appeal, or from being assisted by anyone he wishes to help him in presenting his case although the latter cannot act as an advocate. Solicitors have limited rights of audience in the High Court and the Crown Court, about the extent of which my noble Friend the Lord Chancellor has received representations. Having given full consideration to the representations which he has received, my noble Friend sees no reason for changing the present rules.

In addition, there are many classes of legal proceedings, particularly before tribunals, in which lawyers have no monopoly as advocates and where there is nothing to stop a litigant from obtaining help in presenting his case from anyone he wishes.

Mr. Ashley

asked the Attorney-General what consideration he has given to abolishing the distinctions between barristers and solicitors and to unifying the legal profession.

The Attorney-General

This proposal has been considered for many years, and my noble Friend is satisfied that the present distinctions represent real differences of function and make for the more efficient administration of justice.