Lawyers in the UK: Are they really necessary?
There is a Spanish proverb which declares: “It is better to be a mouse in a cat’s mouth than a man in a lawyer’s hand”. Historically, lawyers almost everywhere have had an image problem. Both they and politicians (many of whom are ex-lawyers) have a reputation for never giving a straight answer. An American author (Henry Brougham) defined a lawyer as someone who”‘rescues your property from your enemies and then keeps it for himself”’. William Shakespeare (in Henry VI part 2) advocated getting rid of them altogether. Which is why the British public didn’t mind at all when Heather Mills (Sir Paul McCartney’s unpopular ex-wife) poured a jug of water in court over the head of the opposing lawyer (Fiona Shackleton). She also conducted her own case – which has apparently led to many others following her example and deciding on a ‘Do-It-Yourself’ divorce ,mainly to avoid high legal fees.
The firm ‘Family Law in Partnership’ has estimated that 70% of matrimonial contests could soon be settled in this way. Lawyers are obviously not very happy about this trend but have only themselves to blame. Research by the National Audit Office (NAO) has concluded that lawyers put profits before clients’ interests, encourage friction between the two sides in any dispute and discourage an early or amicable agreement. The longer it lasts, the more they make. Instructing lawyers in the UK can be very expensive. You may sometimes find yourself spending more on them than the amount you are claiming from your opponent. Mrs Shackleton (portrayed in the press as ‘The Steel Magnolia’) received £1 million of her firm’s £3 million bill to Sir Paul McCartney.
In Britain, going to court costs more because (unlike in other countries) there have to be at least two lawyers involved. The solicitor does all the preparatory paperwork and the barrister (wearing a wig and gown) represents the client in court. A local solicitor is likely to charge a minimum of £100 per hour, including whatever time is taken up by correspondance and phone calls – so it is advisable to keep any conversations with them as short as possible. If you choose a prestigious central London firm (on the basis that you’ll have a better chance of winning) the rates will be much higher. ‘Legal Week’ Magazine quotes £300-£400 per hour for a ‘mid-level’ lawyer and £1000 for one right at the top. This is just for the solicitor. The fee for a barrister will also depend on their status. Those with the rank of ‘Queen’s Counsel’ working in commercial law can earn up to £2,500 an hour. Sixteen of them are said to be in the £2 million plus per annum bracket.
People with limited financial means (or none at all) who need legal advice (for instance, on immigration or asylum matters) can apply for legal aid and be allocated a solicitor paid for by the State – if one is available. Some lawyers are reluctant to take on such cases. The pay rate is often lower and the workload heavier than in the private sector. As in all professions, though, there is fierce competition. There are more than 1,300 UK barristers and 134,000 solicitors, all looking for customers. In England and Wales, the estimated ratio is one lawyer for every 671 inhabitants. In California, 175,000 lawyers, one to every 194 inhabitants. In New York one for every 135. Many are perceived as caring only about money and not at all for their clients. Heather Mills (& Shakespeare) might just this once have the right answer.