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Optimistic, realistic, candid. You'll find here a personal perspective. Even so, you'll come to appreciate that I'm around. Trust me, I'm a lawyer. Find me on www.twitter.com/Little_Lawyer

14 February 2010

Front page of the Law Gazette

I couldn't believe it, an article about my training firm! Well maybe that's taking it too far, but nothing I read in the article was news to me:

...some newly qualified lawyers are being told that they will only be taken on as paralegals, while law graduates seeking training contracts are being expected to work without pay.

I'm still relatively anonymous so I'll share.

While I was still there, a girl who had just finished her LPC was taken on for some "work experience". Not sure about anyone else, but when I did work experience, I did some research, copied documents, shadowed, and clerked at court. It would last from 3 days to 3 weeks. Training firm had Stunningalmostparalegal seeing clients on her own and gave her her own case load. And you know what? She wasn't paid for it. The arrangement was only going to last a short while, same as any usual "work experience" arrangement, but by around four months in, she is called in to see the top dog, and told that it wasn't fair that she'd been working so hard for free, and they'd pay her expenses. How generous. She never even had holidays.

Two months later, she was told that the arrangement couldn't go on as it was so for her own good, they'd have to let her go. Wonderful.

Stunningalmostparalegal was a clever girl, otherwise she wouldn't have been allowed to see clients. She gave it her all and worked hard. Luckily she is from a wealthy family, and doesn't have to worry about money otherwise there would be no way that kind of "arrangement" could continue. In effect she was used as a temp until they found another solicitor to work in the department. Yep, that's right, she was replaced by a solicitor.

Its easy to say that its just one of those things students, trainees, and NQs have to do to get ahead and there is no doubt that she had the best work experience she could have asked for. The issue here is that it is taking advantage. If there was enough work available for her to have her own case load (it was that busy), there was money being made and Stunningalmsotparalegal should have been paid.

Not all trainees and paralegals work for Linklaters, and the pay is often dire. In London the Law Society minimum is £18590pa, and outside it is £16,650 pa - there is even an option for the minimum to be waived. These trainees work just as hard as those earning triple that, and maybe harder, knowing the difficulties they will face on qualification.

The trainee I was up against for the NQ position was taken on on a trainee wage which is only just above the Law Society minimum. Was her charge out rate altered in tune with it?

No.

Should this kind of "opportunity" be seen as a right of passage? I don't think it should.

The other problem is that this "cheap" or "free" labour, makes it so much harder for us to find paid work at a reasonable wage. Why would a firm pay someone good money when they could have the work done for next to nothing?

Not sure where I'm going with this. I guess it was just to tell you all... that this shit happens.

7 comments:

  1. http://www.youtube.com/watch?v=mj5IV23g-fE

    I'm sorry - but I just can't watch this video enough.

    I'm happy to volunteer for charities - and I do - but come off it. Like these partners aren't charging out the "free time". As Harlan says, they wouldn't go for 5 seconds without being paid.

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  3. I know of a friend of a friend who opted to waive the pay of a trainee solicitor and is currently working unpaid as a trainee solicitor. I worked for 10 whole months for next to nothing, expenses were covered but my expenses weren't that great. I still had to keep my weekend job to bring more money in. It is disgusting that they can do this but they can fully take advantage of people who have got to such a stage that anything will do.

    I wish it was easier to find a legal job, eventhough I am not qualified, it is so hard to find even a paralegal job.

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  4. This is disgusting! I can't believe people get away with this kind of conduct!


    If it makes you guys feel any better, pupil barristers are excluded from the minimum wage provisions altogether. ;D

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  5. It doesn't make me feel any better, no, any kind of exploitation is wrong, plus it is a barrier to the profession for many. I don't know how a pupilage works, but a trainee solicitor can expect to do the work of a solicitor (seeing clients, advising, advocacy in County Courts) as well as generate fees "under supervision" so they are actually a cost effective solution for law firms.

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  6. Unfortunately, the exploitation of those hoping to break into the legal profession will carry on forever until someone puts their foot down (step forward anyone with some power). A company will endeavour to save money, exploiting cleaver people who obviously have the potential to go far in the profession is done to do nothing more than cut overheads, giving those at the top a larger slice of the pie. This is further compounded by the fact that if one person wont do the job for free there are hundreds more who will be on too glad to do it. It is clear that those, whom have not had the fortune to become a pupil or gain a training contract, are underrepresented in the legal world. Yes, we all aspire to thrive in the profession. Yes, we will work long hours, for poor pay. And in return we ask to be respected and treated fairly, as is a right. Enough whinging. J.M

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  7. Interesting how we can have such fantastic(ish) employment legislation, all in order to protect the rights of workers and employees, but those who will later be applying and interpreting legislation are some of the worst treated. It amazes me also that is is just accepted by so many. A minimum wage is the very least a trainee/pupil should expect, anyone doing work experience for longer than 4 weeks (as per my post above) should be paid for their work and get holidays and sick pay the same way other paid employees are entitled, and for the additional "free" hours, and all of the "going the extra mile" trainees and pupils do because ultimately, they do want a job at the end of it, should be appreciated and recognised. I give my time freely for charity, I do not agree to doing so for a commercial operation which has made no commitment to my professional development.

    *and breathe*

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