Barristers shed wigs and gowns to offer fixed fee divorce service
Direct access approach encroaches on high street firms as legal aid cuts bite barristers' pockets
A collective of barristers from Middlesbrough, called Divorce Puzzle, are to offer the public a fixed fee divorce service to help warring couples reach out of court settlements over child arrangements and family finances.
The decision to effectively encroach on the traditional turf of high street solicitors comes following the withdrawal of legal aid for most family law matters. Solicitors are now instructing fewer barristers to represent publicly funded clients at court and, as a consequence, many barristers are facing financial hardship.
In July, the Bar Council warned that many family law barristers were considering their futures following the government's swingeing cuts to the family justice system. In the first year of cuts to legal aid, family law barristers across the UK saw their legal aid income targeted by government plummet from £38m to £15m.
Over two-thirds of barristers affected by the cuts have reported a drop in fee income while 'many respondents' questioned the 'viability' of a career at the Bar and were 'actively considering' whether they have a long-term future following the cuts.
Barristers are, therefore, beginning to take advantage of recent changes to the direct access regulation that allows them to offer the same services as high street family solicitors. Barristers have formed Divorce Puzzle to market themselves directly to the public at lower rates than solicitors.
Collette Price, a barrister practising from Fountain Court Chambers and co-founder of the new collective, said: "It might seem bizarre for barristers to start marketing themselves as legal advisers to keep clients out of court but the truth is we can use this knowledge to save separating partners a huge amount of money by helping them reach agreement between themselves.
"We can do this at a lower cost than solicitors because our overheads are less. Barristers are also entirely comfortable with fixed fee options while solicitors are still working out ways to move away from hourly rate services," continued Price.
New approach
Divorce Puzzle will offer a new approach for resolving family disputes called Lawyer-Supported Mediation. The service, which fuses fixed fee legal advice with family mediation, is currently being piloted by a small network of solicitors in London and the north of England.
"Data from government shows eight of ten people that begin mediation go on to reach agreement. By providing affordable fixed fee advice in parallel, we hope to encourage more separating couples to explore mediation," added Price.
Marc Lopatin, mediator and founder of the online Lawyer-Supported Mediation service, commented: "If we're going to put the interests of children first and keep more parents out of the courtroom, we urgently need to put effective communication at the core of family law services. We're already working with a committed network of solicitors to deliver this and it's extremely encouraging that barristers are starting to think along similar lines."
Divorce Puzzle will be marketing Lawyer-Supported Mediation across North Yorkshire and parts of the North East.