Right of Reply

Heather Hallett: The Chairman of the Bar Council responds to criticism of the level of barristers' fees

WHILST A very small number at the top of the profession do earn fees of over pounds 200,000 a year, this is not the case for the overwhelming majority. For them, the prospect of earning such a sum is as likely as winning the National Lottery.

Most criminal legal aid work is covered by a system of fixed Graduated Fees. It has clear, easily regulated, rates of pay. Typical basic fees for appearing in a contested trial are pounds 808.50 plus pounds 207 a day for a junior barrister and pounds 1,616.50 plus pounds 413.50 for a Queen's Counsel (QC).

In other cases, all bills have to be approved by an expert known as the Determining Officer, who is employed by the Government. Cases taken to the House of Lords are exceptional. It is very difficult to draw up a bill assessing one's worth and work. That is why the role of the Determining Officer is so important. To suggest that payments are only for the two or three days in the Lords is nonsense, as appeals take months of preparation.

In all cases, payments include VAT and the cost of running a Chambers. Barristers are self-employed and do not get the benefits of being employed: regular income, pension and sickness/holiday pay. To earn the same as a hospital consultant after deductions, a barrister would need to be paid fees of pounds 200,000 a year. Most QCs doing criminal legal aid work would receive about pounds 150,000, giving an annual income of about pounds 80,000 before tax. Unsurprisingly, the Lord Chancellor's Department has stepped away from supporting the proposal to link senior barristers' pay to consultants', having seen the figures.

I do not say criminal legal aid barristers are poorly paid, but I resent suggestions that we are milking the legal aid fund.