Insights from Richard Atkinson, President of the Law Society of England & Wales
This week, Sky News published an interview with Richard Atkinson, the newly installed President of the Law Society of England and Wales, in which he speaks candidly about life as a criminal defence solicitor and his deepest frustrations with systemic failings in the justice system. Sky News
Atkinson — who assumed the presidency in October 2024 — has long been active in criminal justice advocacy and in his role now speaks for a profession under enormous strain. In his interview, he lays out how court backlogs, underfunded legal aid, decaying court infrastructure, and political neglect all combine to erode the rule of law and undermine access to justice.
In this blog article, I’ll walk through Atkinson’s key criticisms, unpack the context behind them, and explore what his perspective tells us about broader challenges facing criminal justice in England and Wales today.
Who Is Richard Atkinson & Why His Voice Matters
Before diving into his critiques, it’s worth summarizing Atkinson’s background and the platform from which he speaks.
- The Law Society of England & Wales is the professional body representing solicitors in England and Wales. Wikipedia+1
- Richard Atkinson has served (previously as vice president) in roles that engage with criminal law issues, and now holds the presidency, giving him a national platform to raise concerns. Law Society+2Law Society+2
- In the Sky News interview, Atkinson reflects on his career as a criminal defence solicitor — including 60-hour weeks, representing vulnerable clients, and confronting the gulf between ideal and reality. Sky News
- As president, he uses his vantage to lobby government, engage with policy, and bring attention to systemic needs (e.g. court reform, legal aid sustainability). Sky News+1
Because he has direct experience both in frontline practice and in policy leadership, his frustrations carry both moral weight and insider legitimacy.
Atkinson’s Biggest Frustration: Under-resourcing (Especially in Legal Aid & Courts)
When asked what frustrates him most, Atkinson does not point to a single individual or scandal; he identifies structural under-resourcing — particularly around legal aid, dilapidated court infrastructure, and systemic backlog — as the root problem. Sky News
Let’s break down the components of that frustration.
1. Legal Aid & Pay Disparity
Atkinson highlights that many criminal defence lawyers work on publicly funded (legal aid) cases, for which rates have stagnated for decades. The mismatch between rising costs and stagnant legal aid fees has made working in criminal defence financially unsustainable for many. Sky News+1
He points out that duty solicitors (those who represent arrested or detained persons) may start on salaries as low as £25,000, rising to perhaps £50,000 in better locales — far lower than roles in corporate law or private practice. Sky News
This disparity means fewer solicitors are willing (or able) to take on criminal legal aid cases, shrinking the pool of defence counsel, and undermining access to representation for those who can’t afford private lawyers.
In fact, in prior public statements, Atkinson and the Law Society have warned that many firms are evaluating whether continuing legal aid work is financially tenable given the neglect in pay. Law Society+1
2. Backlogs & Delays
Atkinson laments the massive case backlog in the criminal courts— a recurring refrain among legal professionals. Sky News+2Law Society+2
Delays mean that clients wait longer for trial, evidence degrades, memories fade, and justice is delayed (which, as jurisprudence says, can be justice denied). Atkinson describes the frustration of knowing the facts or legal arguments may be clear, yet procedural inertia stalls the outcome. Sky News
He also notes that the backlog is not only a quantitative problem, but a moral one: cases are left in limbo, defendants can be held in custody pending trial for extended periods, and victims also wait years to see resolution.
3. Deteriorating Court Infrastructure & Technology Failures
Another aspect of his frustration is the sorry physical state of many courthouses and the inadequacy of legal technology support.
Recent surveys conducted or endorsed by the Law Society have documented issues like mould, asbestos, broken heating/air conditioning, faulty wiring, inadequate courts, and poor digital systems that disrupt hearings and force adjournments. The Guardian
Atkinson argues that such infrastructure deficiencies aren’t peripheral—they actively degrade the quality and efficiency of justice. Courts closing due to hazard, or technology failing mid-hearing, shift the burden onto solicitors, litigants, and victims.
4. Political Indifference & Piecemeal Reform
Atkinson calls out the pattern of warm words but weak action from successive governments. He argues that justice system funding and reform tend to be treated as political afterthoughts rather than core state responsibilities. Law Society+2Law Society+2
While some incremental steps (e.g., a modest legal aid increase) have been implemented, Atkinson sees them as insufficient without a sustained, committed long-term strategy. Law Society+1
Moreover, he has urged that public consultations (like Sir Brian Leveson’s independent review of the criminal courts) be matched with bold investment rather than symbolic tinkering. Law Society
Why This Frustration Matters (For Justice & Society)
Atkinson’s frustration is not just a professional lament — it signals several deeper risks and consequences:
Erosion of Access to Justice
When legal aid is underfunded and solicitors leave criminal practice, the poorest and most vulnerable lose meaningful representation. That undermines the principle that justice should not favor the rich.
Increased Risk of Miscarriages & Delays
A system under pressure is more error-prone. Delays lead to loss of evidence, witness unavailability, and procedural shortcuts that raise the specter of injustice.
Public Confidence & Legitimacy
If courts are dysfunctional, people lose faith. Atkinson has warned that a failing justice system could drive communities toward extrajudicial solutions or vigilantism. Financial Times+1
Moral & Human Cost
For defence lawyers, the cost is emotional exhaustion, burnout, and professional attrition. For clients, it means prolonged uncertainty, incarceration without conviction, or unpresented defenses. For victims, it means extended suffering.
Examples & Supporting Evidence
Some real metrics and reports back up Atkinson’s frustrations:
- The Law Society’s “State of the Courts” survey reveals that 63% of solicitors experienced case delays in the last year, attributed to court building issues or tech failures. The Guardian
- The Crown Court backlog in England & Wales recently reached record levels (over 75,000 cases), putting strain on court capacity. The Guardian+1
- Legal professionals in some regions have refused to take on certain low-pay legal aid cases due to unworkable economics. The Guardian
- The Law Society has publicly pressed that governments have “failed to show seriousness” about criminal justice reform, citing inaction and lack of meaningful funding commitments. Law Society
These data points aren’t just numbers — they reflect the lived experience that Atkinson describes: system strain, resource starvation, and professional burnout.
What Atkinson Advocates: Possible Remedies
In his remarks, Atkinson does not simply complain — he also gestures toward pragmatic reforms and priorities. Here’s what he calls for:
- Sustainable, regular reviews and increases to legal aid funding
Atkinson argues for predictable, periodic reviews so that legal aid remains viable in the face of inflation and rising costs. Law Society+1 - Major investment in courts and infrastructure
He advocates reversing the deterioration of court buildings, upgrading technology, ensuring accessibility, and maintaining safe operation. The Guardian+1 - Efficient case management and system innovation
Atkinson supports better listing practices, data sharing, expanded use of remote hearings where appropriate, and regular listing meetings to manage backlog. Law Society - Policy alignment with independent reviews
In responding to Sir Brian Leveson’s independent review of criminal courts, Atkinson urges that recommendations be matched with resources, not shelved. Law Society - Bolstering the criminal law workforce
Recognizing that fewer lawyers are willing to do legal aid work, Atkinson suggests that being a criminal solicitor (especially for duty work) must be a sustainable career option. Law Society+1 - Political accountability & consistent commitment
He insists that the justice system should not be a political football — long-term funding, cross-party consensus, and institutional stability are needed. Sky News+1
Risks & Challenges to Reform
While Atkinson’s agenda is compelling, there are obstacles:
- Budget constraints & competing priorities
Governments must balance many needs, and justice often loses in the scramble for scarce funds. - Incrementalism vs radical overhaul
Piecemeal reforms may fail to keep pace with the structural scale of the challenge. - Resistance to change
Some parts of institutions may resist digital modernization, staff retraining, or redistribution of roles. - Public and political will
Without pressure and awareness, reforms may stall or be reversed with political change. - Legal complexity & bottlenecks beyond funding
Some delays are procedural or legislative; funding alone can’t resolve every inefficiency.
Atkinson’s frustration, in part, is that despite years of warnings, governments seem trapped in reactive, short-term measures rather than structural commitment.
Conclusion
Richard Atkinson’s declaration — “I’m a criminal lawyer — here’s my biggest frustration with the justice system” — is not a dramatic flourish, but a professional diagnosis borne of years on the front lines. Sky News
His frustration is deeply structural: it springs not from one bad case but from a system starved of resources, neglect, and political complacency. The result is a system where justice is delayed, representation is impossible, and the principle of fairness is strained.
If the justice system is to remain credible, then Atkinson’s demands — for legal aid reform, court investment, efficient procedures, and serious political will — must be heard, examined, and acted upon.
Because in the end, justice is only as strong as the institutions and people behind it — and Atkinson’s voice is a clear alarm that those foundations are under stress.
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