Drop in solicitors joining judiciary

Annual report: Lord Chancellor recommends that solicitors considering retirement should apply for judicial appointments

The percentage of solicitors successfully applying for judicial posts has fallen heavily over the past year, government figures have revealed.The judicial appointments annual report for 2000/2001 showed that 1,386 of the 3,639 applicants were solicitors (38%); and of the 753 applicants appointed to posts, 277 were solicitors (36.8%).

However, last year, even though only 211 solicitors were appointed to the judiciary, it represented 46.6% of those who joined the bench and of those who applied.The drop has closed the gap with barristers, who accounted for 36% of applicants and 31.5% of appointments.

Last year the figures were 38.4% and 38%.This year has seen the number of non-lawyers applying for other posts, such as on tribunals, treble to 811.

In total, the number of applicants for judicial posts rose by more than half from 2,376 last year.Phillip Reed, a solicitor-advocate and commercial litigation partner at City giant Norton Rose, said: 'These figures are undoubtedly a source of concern and reflect resources not being fully utilised.

The experience of case management would be of huge advantage in some cases and is more suited to a partner at a litigation firm as opposed to an advocate.'In contrast, Ashurst Morris Crisp partner Mark Clough QC, one of just six solicitor QCs and vice-chairman of the Solicitors Association of Higher Court Advocates, said he had no reason to question the judicial appointments process and was of the opinion that 'solicitors account for 50% of judicial jobs'.Mr Reed responded: 'There are still only two High Court judges who are solicitors.

The balance of seniority should be addressed, as should the structure of the judicial career ladder.'A Law Society spokeswoman added: 'At present, appointments of solicitors are concentrated at the lower levels of the judiciary.

It is important to fully modernise the appointments system so that solicitors have an equal chance of appointment to more senior posts as well.'Both the Society and the Lord Chancellor's Department (LCD) noted that the actual number of solicitors - if not the percentage - both applying and being appointed as judges actually increased and the Society said it expected fluctuations year on year.An LCD spokesman said: 'We are working hard to encourage solicitors to apply for judicial office, for example by attending events such as the Law Society conference and running events on judicial appointments specifically for solicitors, as well as those we run for the profession as a whole.'The Lord Chancellor is of the view that solicitors contemplating early retirement should give serious consideration to the option of applying for a judicial appointment.'The report also showed a continued increase in appointments of both women (28.4%) and members of ethnic minorities (6.9%).

Last year's figures were 26.9% and 4.2% respectively.

Andrew Towler