Why am I paid half the rate of a solicitor? 
Wednesday, April 10, 2013
Justinian in Billings, Fees, In-house solicitors, Junior Junior

Baby barristers are such a bargain, so why aren't they snaffled-up? ... Junior Junior says clients should get rid of over-priced panel firms and use in-house solicitors as the go-betweens ... Saves money, which could then be spent on the barrister  

I SHOULD be used to it by now, but somehow it still grates.

The other day, after a loss against a solicitor, I was reminded again how little a baby barristers' skill is valued. 

The solicitor sought costs and I objected, vainly. 

However, to the judge's credit, rather than ordering costs generally, he asked my opposition how much he would charge for the two hours we had been in court. 

His hourly rate turned out to be double mine.

Despite the fact I am a brilliantly qualified specialist advocate, I can still only command half the salary of a senior associate. 

It just isn't right!

Do clients realise what a bargain a baby barrister is? 

We are comparable to buying a handbag online from the US.

Half the price and the quality is just as good. Sometimes better. And sometimes from a season that hasn't even arrived in Australia. 

There is also the issue of billing. 

Many times I have heard it said that a solicitor likes a barrister to put in a hefty bill, as it makes their bills look more reasonable.

Equally as often, the solicitor is on the blower complaining that the barrister's bill is a bit hefty and if the client pays it first, there won't be anything left for the solicitor. 

Sometimes, solicitors start negotiating a smaller bill before they have even sent it to the client.

None of this would be a problem if the client and the barrister could talk to each other.

Fortunately, some smart clients are realising that if there is an in-house lawyer and they approach a baby barrister with work, they will be welcomed with open arms and a bill half the size. 

All a baby barrister needs for comfort is a solicitor go-between and there is no reason that person can't be an employee of the client.

Alas, this mutually beneficial arrangement is still the exception rather than the norm. 

Hopefully, not forever.  

I look forward to the day when in-house counsel remember they are solicitors too and they shouldn't have to pay someone else to do the work they are perfectly capable of doing. 

Besides, many in-house lawyers would kill their grandmas' to get their hands on some interesting litigation, rather than farming it out to over-priced panel firms while they perform the front-end drudgery.

Still, I'd love to be able to charge as much at the bar as I once did in private practice. 

Cheers, 

Junior Junior

Article originally appeared on Justinian: Australian legal magazine. News on lawyers and the law (https://justinian.com.au/).
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