Being a Barrister: Myth and Reality

It is plausible to suggest that there is a perception held by those who lie outside of the justice system that barristers are generally very highly paid. Conversely, there is an assumption by those who aspire to enter the ranks of ‘barrister’ that they are. The reality is in fact, somewhat different.

The early years of practice, especially for the self-employed barrister are challenging. One accepts that the profession is fiercely competitive, and that self-motivation, resilience and tenacity are integral ingredients in one’s armoury. Academic excellence is arguably a given. What seems to go amiss,  is the proposition that financial planning, support, and stability are fundamental and may be a significant factor between success and failure.

Evidently, there are areas of practice where barristers are paid well from the outset. However, in some areas, such as criminal and family, where most of the work is legally aided, barristers struggle financially, especially during their early years of practice.

As a student, crime was the most fanciful area to participate in, as it embodied the challenge of jury trials and applying the witness handling skills I had been skillfully taught. Sadly, this is the area where so many barristers face the harsh reality of working for very little remuneration and on some occasions, not receiving their fee at all. All too often this leads to struggling barristers switching to different areas of practice or leaving the profession entirely.

Knowing how to manage cash flow is crucial and a very pertinent issue. There is a strong argument that greater emphasis should be given in training and pupillage to this key area of succeeding in independent practice.

Most of the instructions come via solicitors, the professional client, unless a barrister is public access accredited. Regrettably, a number of solicitors are in the habit of delaying payment of submitted invoices for lengthy periods and without valid reason. This convention accentuates the financial strain that practitioners experience in their early years at the Bar. It is also harsh reality that you may never recover fees for the professional services provided and expenses accrued.

 If an individual is planning to practise as a self-employed barrister, then a pragmatic and open mindset is pivotal. A financial plan is also key. Moreover, have a backup strategy especially if a practice area requires rethinking. A barrister is taught to be flexible, adaptable and to think outside of the box. These attributes are not merely applicable to the provision of a legal service, but as important to ensure one’s longevity and a successful legal career.

This article was originally published in The Barrister in June 2024.