Why are councils and unions cross with a certain lawyer?

Wednesday 05 May 2010 by Jonathan Rayner

There is a long tradition of lawyers being unpopular. Take the jokes: What’s the difference between a catfish and a lawyer? One is a slimy, bottom-feeding, slippery creature and the other is just a fish. Or what’s the difference between a dead rat on the road and a dead lawyer? There’s a skid mark in front of the rat.

Ho-ho.

But there is one lawyer who actually describes himself as the ‘most hated lawyer in Britain’. His name is Stefan Cross and, no, he hasn’t made people cross by robbing little old ladies of their life savings, molesting children or torturing cats. What he has just done is win a huge compensation deal for low-paid women council workers who, despite employment policies and equality legislation to the contrary, have for years been consistently paid less than their male counterparts.

The ruling, announced last month, found that 4,000 women council employees in Birmingham should be compensated for a pay and grading structure that had discriminated against them for decades. Incredibly, some men had been earning more than £50,000 a year, while women on the same grade were earning only £12,000 a year.

This was just the latest of Cross’s successes, following on from 1,000 Middlesbrough council workers winning over £10m in payouts, and workers in Scotland’s 32 local authorities receiving £117m in equality compensation. And it’s not just women who have benefited from Cross’s efforts. In June 2009, some 300 men won equal pay and sex discrimination claims against Hartlepool, South Tyneside and Middlesbrough borough councils.

He sounds like a splendid chap and the very model of a crusading lawyer defending the poor and vulnerable. So why is he hated?

Cross has become very rich, that’s one reason why. He took on these cases on the basis of damages-based agreements. His thousands of clients pay him no fee, but he takes a proportion of each and every compensation package those thousands of clients receive. That quickly adds up to a lot of money. He has now apparently traded in his Porsche for a Ferrari.

Why else is he hated? He has cost councils millions of pounds that they can ill afford, but then arguably they should have implemented equal pay policies years ago. The government hates him too, Cross says, again because of the money. And most surprisingly, the trade unions hate him, he says, for showing them up for not serving their membership properly. The unions, he claims, had come to discreet deals with the councils to avoid trouble and big bills. If that is the case, Cross has ruined that cosy arrangement in a very public way.

Good for you, Mr Cross – that’s what lawyers are supposed to do.

But before we get too dewy-eyed over a much-maligned profession, let’s get back to the general unpopularity of lawyers. The Romantic poet John Keats took time off from penning odes to nightingales and Greek urns to characterize lawyers thus: ‘I think we may class the lawyer in the natural history of monsters.’ An anonymous American wit said: ‘A lawyer is someone who makes sure he gets what’s coming to you.’

And finally, there is our very own Harriet Harman. In November 2003, when she was solicitor general, she addressed the centenary dinner of this august publication, the Law Society Gazette. She said: ‘Two things run through the last 100 years of the Gazette. First is the disappointment that solicitors find themselves to be unpopular. But second is the relief of solicitors that though they are deeply unpopular, there are those who are even more unpopular - barristers.’

Perhaps there is hope for solicitors yet.

Comments

Let's not feel so sorry for ourselves.

It's not surprising that the public fail to love solicitors if we winge and engage in so much navelgazing. We're not hated. Research may show the public is indeed worried about levels of legal fees, and were not greatly loved but on an extremely positive note, the solicitor is still regarded as highly trustworthy by most people. Compare that to estate agents, traffic wardens, etc. -- they are all paid less than us and probably loved much less. And let's not even start on bankers. We are in a privileged position and need to be able to laugh at ourselves, show some community and dispel the stuffy grey suited image which frankly we deserve.

Not hated

Mr Cross missed someone. The taxpayer who indirectly is lining his pocket.

Lawyers are not hated......... they are despised. This is a great example of why. I find it really surprising that after over 100 years of the Gazette we have not worked that one out. Lawyers are in most people’s eyes a necessary evil and just cost too much. Simples. They make more money than they are really worth.

Trustworthy? The reward to Mr Cross is disproportionate for his contribution. If he had recorded his time and then split the bill between the winners they would have no complaint and neither would he....he would still have his Porsche, which is far superior to a Ferrari! I would hazard a guess that the compensation left over for the winners may be enough to buy a second hand Mondeo or perhaps trade up to a new one or pay some bills. The taxpayers of Birmingham would also be happy to see more of their money going to more worthwhile causes than Mr Cross's Ferrari.

relative worth

Not sure the position of the remote taxpayer is the one to consider. Worth is an interesting concept. To the thousands of workers who have been discriminated against I expect they will value the worth of Mr Cross quite highly. If the tax payer has to be cross at all then (s)he ought surely to be cross at those bodies that have discriminated for years against some of the most vulnerable in society. That Mr Cross can now reap significant rewards ought to be applauded. Law is after all a business, not a social service - it has been made that way not by the lawyers but by government that has neglected to properly fund legal advice and assistance for the vulnerable.