Why does someone choose to enter the legal profession?

Why does someone choose to enter the legal profession?

Is becoming a lawyer a manifestation of doing the right thing? Or, can the lure of money determine the nature and level of ‘good’ a lawyer actually does?

Martin Wilton is one of the first solicitors to qualify via the Social Welfare Solicitors Qualification Fund (SWSQF), a stunning initiative championed by Patrick McCann which we have written about before many times in this publication, but for for newer readers who may not know;

‘The SWSQF is an initiative by the City of London Law Society, BARBRI and Young Legal Aid Lawyers (YLAL) to provide financial assistance to aspiring solicitors working in social welfare law for organisations serving disadvantaged communities. The SWSQF funds the Solicitors Qualifying Exam (SQE) preparation courses and assessments. The fund works alongside other initiatives to provide greater access to justice and widen access to the legal profession.’

We caught up with Martin to hear about how he discovered SWSQF and his journey from application to now being a fully qualified practising member of the profession.

Back in the day, Martin had no wish or desire to become a solicitor. He never had any interest in the Law. He simply wanted to work, to earn enough to pay bills. And beyond that had no particular aspirations.

He left school and went straight into an apprenticeship with a big transport company in the City. After a couple of years he qualified in various roles and chose one to work in - which he did happily and successfully. Until, out of the blue, he was suddenly told there was no longer a job for him and that he would have to, in essence, go back to the beginning and start at the lowest grade, a customer assistant, all over again.

Martin did not take this lying down but kicked up a fuss, particularly as the company had literally just advertised the job that he was told no longer existed. And thereby started a big fight. It never reached court but Martin had to fight his case by doing a lot of research and learning about what is redundancy, when is it lawful, when is it unlawful - all of this without any legal knowledge.

What Martin lacked in knowledge however, he made up for with determination and grit and eventually he and seven other apprentices all got their jobs back.

From there it snowballed. Martin became the workplace representative for his colleagues’ disputes and everyone saw that his knack of doing research, analysing it and then putting it into practice would make him the ideal solicitor. So the seed was sown.

I see Legal Aid as the fourth emergency service.

An opportunity arose for him just after the London Olympics in 2012 and he grabbed it with both hands. He went to college for the first time as a mature student, and got a distinction in his Higher Education Diploma which gave him enough UCAS points to get into university where he got his LL.B.

His first job was at Thurrock Council where he began as an unpaid intern to get his foot in the door. They soon saw his capabilities and potential and so made him a full time employee. From there, he followed his mentor from the Council to a private practice, where his mentor had become a partner. Martin joined the housing department, but six weeks after he started, he was furloughed due to the first national lockdown. The firm subsequently placed a hold on new training contracts while it navigated the uncertainty caused by the pandemic. During this period, his mentor introduced him to the SWSQF, which provided an alternative route to qualifying.

Martin successfully applied which was what led to him being where he is today, head of the department at Citizens Advice in Southend. They have just got a Legal Aid contract to offer full substantive funding; certificated cases, complex litigation through all stages of court, including the High Court when necessary. They have never done this type of work before. Martin is managing a small team - two others, a paralegal and a trainee - who he is helping, by virtue of his previous experience in the sector. Martin has just encouraged one of them to apply for SWSQF. Together, they are doing their best to expand the provision of Legal Aid in the area which Martin describes as currently having virtually none.

“There’s a shocking statistic that there are only five Legal Aid housing solicitors between Southend and Norwich. This is a Legal Aid desert.”

Obviously a team of three is not enough to cover all the work that comes their way. Devastatingly, they have to turn away around 40 out of every 50 people who come looking for help with litigation every single month. As Citizens Advice is usually a final resort, that then means they have nowhere else to turn to and become litigants in person.

“We offer different levels of Legal Aid. We do help about 28 people a month under Legal Help where we simply advise people on their position; whether their notice is valid or not, what their options and

prospects are. But what the sector is desperate for is litigation lawyers. People who can take on a case and run it through the court system but our capacity for that is very limited. ”Martin knows that his choice of which area of Law to practise in means he will never earn a lot of money - and he is fine with that. That is not why he came into the profession. He genuinely thinks he can help people and make a difference to their lives and that is payback enough for him. The startling lack of solicitors choosing to practise Legal Aid however, shows that he is the exception rather than the rule. After years of intense studying and training, most lawyers want to see a different sort of payback - and generally that is perceived in terms of money earned rather than people helped. Whilst we cannot blame anyone for making that choice, it does mean there is a dearth in Legal Aid lawyers.

Part of accepting a lesser salary means Martin knows that he will probably never even be able to repay his student loans - but he is giving back in a different and possibly much more valuable way.

The average Legal Aid rate is currently about £51 per hour so solicitors need to be massively efficient in how they manage their time and workload. For firms that carry out Legal Aid, success means they could be paid up to £200 an hour - and with that payment a guaranteed thing, the work can provide a good safety blanket for some private firms.

Fortunately for the citizens of Southend, Martin says there are a lot of people who volunteer their time to help. Whilst not lawyers, they can assist with things like fact finding, triage and documentation. The general advisors help an average of 25 people per day. If they feel the person is vulnerable and subject to an unlawful eviction they will immediately refer it to Martin’s team so those most in crisis are prioritised. But because so many are in crisis, someone who, say, has been given two months notice of eviction is probably not considered critical enough to be in a position to get specialist assistance. That is how dire the situation is.

“Last month a landlord dropped a lady off at our building, having unlawfully evicted her. This is where emergency mode kicks in. We rang the local authority to try and secure her accommodation and then look at claims against the landlord to try and secure a financial remedy.”

Martin is clear that this shocking situation will never improve unless there are people (thankfully like him) who are prepared to “fight the fight”.

“Whilst Courts remain without sufficient Duty Solicitors, landlords will continue to get away with unlawful evictions.”

Martin is grateful to all the general advisors and to university students who do placements with Citizens Advice and volunteer their time which both gives them experience but which gives him and his team huge support. Citizens Advice also has a retired solicitor who comes in and helps. But the door is very much open for any practising solicitors who can find some free time also to assist.

As well as time, money is important - obviously - and getting more lawyers working where they are so badly needed.

“I see Legal Aid as the fourth emergency service. When anyone is about to lose their home, or they have lost their home, or they are trying to escape domestic violence, they are at their most vulnerable - and a nation is only as good as how it treats its most vulnerable. If justice is only available to those who can afford it, it is not justice. If you are thinking of donating, your money is way more than just that, a donation, it is an investment into the future of the legal aid sector and that underpins our society.”

If you are interested in doing the right thing by donating to SWSQF or if you would like more information about ways to help, please contact enquiries@clls.org. ■