'I'm a criminal lawyer - here's my biggest frustration with the justice system'

Sky News

01-07-2025

If you've ever spent your morning commute daydreaming about starting afresh with your career, this feature is for you. Each Monday, we speak to someone from a different profession to discover what it's really like. This week we chat to the president of the Law Society of England and Wales, Richard Atkinson, about life as a criminal lawyer...
Starting salaries vary in different parts of the country but... can be a low as £25,000 for a duty solicitor - that's a solicitor who has obtained an additional qualification in order to represent people at the police station and in court. That salary might rise to £50k or a little higher in some instances but generally those who undertake publicly funded work (legal aid) are paid much less than those in other disciplines, which accounts for the current shortage of legal aid lawyers.
These roles are generally funded through... legal aid, which is available to anyone who meets the criteria, ensuring access to legal representation. That's why legal aid is so important, and the government needs to invest in it properly. It levels the playing field for everyone when they need it the most.
I worked 60 hours a week... as a criminal defence solicitor before starting my one-year tenure as president of the Law Society in October 2024. It was a fulfilling and rewarding role. It exposed me to a huge variety of people, including the most vulnerable in our society, and I got to help people in their darkest moments.
In terms of holidays... I was entitled to five weeks annually. Being the president of the Law Society is equal parts demanding and rewarding. There are a lot of different issues that need my attention and a lot of travelling trying to ensure UK law and justice remain a top choice worldwide. For the duration of my presidency, annual leave and holidays are not on the cards.
On a typical day... I use my experience as a criminal defence lawyer to speak out on behalf of those who are unable to do so. Every day I focus on holding the UK government accountable by working collaboratively with politicians on issues such as prison overcrowding, court backlogs and the sustainability of the publicly funded legal profession. The joy of this role is that there is no typical day - I could be abroad supporting our members who work there and seeking to improve market access, or at home attending a regional event with members, or meeting with politicians and government ministers to discuss current matters of concern.
I have always wanted to be a criminal defence lawyer... From the age of 16, I was captivated by a book about a famous murder trial. From then on, I knew this was what I wanted to pursue. My first full-time job was as an articled clerk at Robin Murray & Co, a firm in Kent.
The perks of the job... come not from my employer but from the position itself. I get to meet an incredible range of people, including some amazing members of our profession, as well as aspiring lawyers, in addition to ambassadors, senior members of the judiciary and cabinet ministers. I have even been invited to be part of a small trade delegation travelling with the foreign secretary to Japan. I also get to work with the incredibly talented, knowledgeable and dedicated staff at the Law Society and colleagues on our committees and council.
My job is to... represent people to the best of my ability, whilst acting upon their instructions. If a client tells me that they did not commit a crime they were accused of, I will do everything I legitimately can to challenge the prosecution's case and advance my client's defence. At times, it may look like evidence is stacked against the person, but it is not my role to judge them. No one should be above or below the law. Everyone has the right to legal representation.
There have been occasions where evidence certainly seemed to point my client towards a guilty verdict... However, as I followed up on the evidence by asking questions and obtaining expert advice, it became clear the client had not committed the crime they were accused of. Had I not done the work of questioning the prosecution and acted only on judgment, an innocent person could have been convicted. The justice system fails when an innocent person goes to jail. Everyone has a role in the criminal justice system and for the right verdict, it's critical that we all perform our roles diligently and to the best of our abilities.
The amount a client pays... varies enormously depending on the nature and length of a case and whether the case is legally aided or not. Legal aid is means tested and so for some of the most financially needy they are required to pay nothing, for others a contribution is required to be paid towards their representation. For those who do not qualify for legal aid, they are required to pay the full costs of their case which can range from several hundred pounds to many thousands of pounds.
When taking on a new client... I always ensure that they have all the information needed to make an informed decision about the services I offer. When people need a solicitor regarding a criminal law case, they are often distressed, experiencing a very difficult situation they may not have been in before. I take the time to explain what is needed from them, as well as the advice I can offer. I also have procedures put in place ahead of time to identify any conflicts of interest and whether the client may need extra support to be able to access legal services.
If I turn down a client... it will be because I do not have capacity to take on the case to the best of my potential, their matter is outside my area of expertise or their instructions are in conflict with my professional duties, such as asking me to pursue a particular line which would involve misleading the court. What they are accused of, however, does not factor into my decision, only the legal services they require and if it is inside my practice areas.
One case that stands out to me... is the Tonbridge Securitas robbery, the largest cash robbery in the UK, where £53m was taken. The case was the subject of a lot of media interest. Even a book was written about it! I represented the makeup artist who made the prosthetics that were used during the robbery. This will sound like a heist film but some of the robbers wanted to disguise themselves by impersonating police officers as part of their plan to kidnap the depot manager and gain access to the facilities through the front door. My client was a qualified makeup artist who was known to the gang and was told they were making a film and that's why they needed the prosthetics. The case involved a lot of evidence collecting and cell site analysis. Through that, I was able to show that what she had said, professing her innocence, was supported by evidence. After three months of trial, the prosecution decided to drop the case against her and she was acquitted.
Lawyers play a key role in upholding the rule of law... a key component of a free democratic society, and making sure our justice system works fairly for everyone, benefitting our society as a whole. We must not forget that lawyers matter because justice isn't a given without them. Any one of us, no matter our background, could face a difficult situation where our livelihoods, even our freedom, is at stake. When that happens, a lawyer is a necessity, not a luxury. And that's also why legal aid is so important. Lawyers also play a key role in supporting our economy at home and abroad, with an overall contribution of £74.4bn to the UK economy. In addition, lawyers provided over one and a half million hours of legal advice and representation free of charge (pro bono) in the UK in 2024.
There have been too many lawyers being attacked... around the world, as well as within the UK, just for doing their job. To counteract this, internationally binding treaties are being put in place to protect lawyers and the people they represent.
The three biggest problems the criminal justice system is tackling are... immense court backlogs, overcrowded prisons and criminal legal aid that is not keeping up with the rising cost of living. All these majorly affect the criminal justice system and how people can access justice in a straightforward and effective way that serves them.
The legal aid system is... a vital public service that requires immediate funding from the government to make it accessible to every member of the public that needs it. Currently, there is a government consultation on increasing criminal legal aid fees, which is a step in the right direction. However, it is crucial to recognise that the cost of living is outstripping the extra funding being offered to legal aid solicitors. All areas of civil and criminal legal aid need to be adequately funded to level the playing field for all of us.
My case preparation is... methodical and detailed. I take the time to read all of the relevant documents that I have been served and I take detailed instructions from my client on all aspects of the case. In most cases, it is necessary to find experts to look at various aspects of the case, and I have to give them detailed instructions. Being curious and making unconventional connections are essential to unearthing evidence and making the case. With cases that are tried at the crown court, I work as part of a team of litigators to prepare and present the case, so it is essential for the team to work well together.
There are not usually any signs to show if a trial is going good or bad... You can get an impression, but guessing the outcome isn't fruitful when you are so close to the case.
I have been scared once... early in my career, the police used to lock solicitors in the cell with the client during the consultation. They have since changed that and now there are consultation rooms. I recall meeting this client for the first time, and my advice was not well received. As a result, he began punching the walls around the cell. I soon realised that I was one of the only things in the room that had not been punched, at which point I did become a little alarmed. Fortunately, the noise he was making alerted a police officer, who opened the door to see if everything was okay. I took the opportunity to leave and allow my client to reflect on the advice I had given him. When I spoke with him later, he had calmed down and apologised for his reaction.
It can be frustrating to see... the judicial system seemingly work against someone time and time again. Either the person cannot afford legal advice, yet cannot access legal aid, or the court backlogs have caused someone to be stuck in a loop in which they cannot find a way out. In those cases, it can be difficult to be in the solicitor role.
While pursuing a different field of law would have undoubtedly had a bigger financial reward... I believe that criminal law is the most interesting area. I suppose I may be biased, though. This field has given me the opportunity to meet a vast variety of people and to make a positive difference in their lives during times that they need justice the most. It was also my interest in criminal law policy matters that led me to join the Law Society's criminal law committee. That was the start of my journey at the Law Society of England and Wales leading up to my presidency. Again, I may be biased, but I believe this is the best job in the world. Reflecting on that, I can honestly say that I would do it all over again, if I could.