Journal of Law and Society - 2022 - CLARKE - F k this game I m off financial and emotional factors in declining legal.pdf (194.98 kB)
Download file“F**k this game…I’m off”: financial and emotional factors in declining legal representation in miscarriage of justice cases
journal contribution
posted on 2023-06-10, 03:32 authored by Amy ClarkeAmy Clarke, Lucy WelshLucy WelshIn this article we use interview data produced with 45 criminal defence lawyers to examine the reasons behind a decline in publicly funded representation in applications to the Criminal Cases Review Commission (CCRC). In doing so, we pay particular attention to the relative significance of financial and emotional factors. Our analysis finds that financial factors related to changes to legal aid are significant drivers of a decline in publicly funded representation, but that the financial unviability of CCRC work is also compounded by emotional factors. These include a sense of insecurity, low levels of satisfaction, and a perceived lack of recognition and appreciation, symbolised by low levels of remuneration and exacerbated by poor relationships with external parties. Emotional factors thus combine with financial factors to reduce the supply of publicly funded advice and deter junior lawyers from specialising in this niche area of practice.
History
Publication status
- Published
File Version
- Published version
Journal
Journal of Law and SocietyISSN
0263-323XPublisher
WileyExternal DOI
Page range
1-24Department affiliated with
- Law Publications
Full text available
- Yes
Peer reviewed?
- Yes