Report finds legal aid lawyers spend a quarter of their time on non-billable tasks
Legal aid lawyers are spending around a quarter of their working day on tasks they cannot bill for, according to new research published by the Legal Aid Practitioners Group (LAPG). The figure is likely to be even higher in recent months, as the findings were collected before the Legal Aid Agency’s systems were disrupted by a major cyber-attack earlier this year.
The study, led by Dr Jo Wilding, associate professor in law at the University of Sussex, set out to collect empirical evidence on the hidden costs of providing legal aid. Ten organisations took part in the research, comprising eight private practices and two not-for-profit providers. A total of 84 employees recorded their daily activities over a 10-day period, distinguishing between chargeable casework, non-chargeable casework, and non-chargeable administrative or management duties.
Every participant logged some non-chargeable work. The time varied widely, ranging from as little as 10 minutes per day to as much as seven hours and 26 minutes. On average, lawyers spent one hour and 43 minutes daily on tasks for which they could not claim payment.
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The analysis found that the largest proportion of non-billable time was linked to billing-related activities. Each participant spent an average of three hours and 15 minutes over the 10 days navigating processes required to secure payment. The second-largest time commitment involved administrative work on individual files, both in hard copy and digital form, averaging two-and-a-half hours per participant across the period.
Solicitor Jenny Beck, co-chair of the LAPG and director of the family law practice Beck Fitzgerald, said the findings highlighted structural inefficiencies in the system. She argued that outdated systems and regulations imposed by the Legal Aid Agency created unnecessary hurdles for providers. Beck called for greater trust in practitioners and more streamlined processes, alongside a long-overdue fee increase, to ensure the financial viability of the sector.
The situation has worsened since a cyber-attack in May forced the Legal Aid Agency to take its main online portal offline. Practitioners have reported increased amounts of unpaid work, with staff at Beck’s firm carrying out at least two additional hours per case that cannot be claimed back. Costs assessment guidance currently treats delays or system failures as office overheads, leaving firms unable to recover the expense.
Beck raised these concerns directly with justice minister Sarah Sackman in July, warning that the financial strain was becoming unsustainable. The LAPG has now sent a copy of the report to both the Ministry of Justice and the Legal Aid Agency. The group is urging the government to review its processes, amend guidance to allow claims for additional work, and increase fees so that billable hours can better subsidise the significant non-billable burden.
The Law Society and other representative bodies have repeatedly warned that the cumulative effect of rising administrative demands, stagnant fees, and complex regulatory requirements is eroding the viability of legal aid provision. Many providers have already left the sector, citing unsustainable financial pressures.
The LAPG’s study provides fresh quantitative evidence of the extent to which providers are subsidising the system with unpaid labour. According to the group, without significant reform, there is a risk that fewer firms will be able to continue offering legal aid, leaving vulnerable clients with reduced access to justice.
The Ministry of Justice has yet to respond publicly to the report, but Sackman has previously described tackling the Crown Court backlog and wider legal aid pressures as a priority for the government.