A new survey revealed that one in three barristers plans to quit the profession
The criminal bar in England and Wales is facing a retention crisis, with one in three criminal barristers actively considering leaving the profession, according to a new national survey by the Criminal Bar Association (CBA).
The findings have raised concerns about the impact on the substantial Crown court backlog, The Law Society Gazette reported.
The survey, which received 1,717 responses—exceeding the sample size of many government-relied surveys—revealed that only 44 per cent of respondents remain committed to primarily undertaking publicly funded criminal work. The primary reason for potential departures is inadequate remuneration, which barristers say does not reflect the extensive hours required to handle cases effectively.
According to the CBA’s findings, 77 per cent of barristers prepare cases on weekends, with 35 per cent working both Saturday and Sunday. More than 80 per cent work over 50 hours a week, half exceed 60 hours, and one in five barristers clock over 70 hours weekly. The profession’s demands also affect personal lives, with eight in ten barristers with children under 18 reporting missed family and personal events and seven in 10 facing stressful childcare challenges.
Other significant stressors reported include increased administrative duties previously handled by the Crown Prosecution Service and instructing solicitors, delays caused by ineffective case listing, and deteriorating court facilities.
Nine in ten respondents stressed that the CBA must prioritise achieving adequate and fair remuneration. Nearly all expressed support for an independent national pay review body to set annual fee increases that the government would automatically accept. A vast majority (87 per cent) called for a one-off fee rise to address decades of financial neglect, and nine in ten advocated equal pay rates for prosecution and defence work.
The CBA will soon publish further statistical insights on retention in rape and serious sexual offence (RASSO) cases, court listing problems, infrastructure concerns, administrative burdens, and workplace relationships.
The crisis at the criminal bar mirrors broader retention issues within the judiciary. The most recent judicial attitude survey found that 790 full-time judges intend to leave the bench within the next five years, while only 588 fee-paid judicial officers are currently considering full-time applications.
