Thirty years as an Advocate

THIRTY YEARS AS AN ADVOCATE

30 years ago today I qualified as a solicitor and was able to appear as an advocate in the Magistrates Court for the first time.

I recall that I was so nervous that I prepared for every eventuality that might arise during the fairly straightforward hearing by writing copious notes.

These notes began with “good morning Sir/madam” so that I was covered for a male or female chair of the bench.

The hearing went smoothly and my client that day, remains a client today, he has been unlucky of course to frequently remain the target of police attention.

I loved appearing as an advocate at the Magistrates Court.  I would meet many other advocates, some young starting out like me and many other experienced and very able solicitors. There was always colleagues to help and advise, to share experiences  with and to watch and learn from.

Our local court was Thames Magistrates Court where I got to know many other colleagues. There was a canteen where we would grab a quick lunch in between seeing clients and preparing for the afternoon hearings. The court was packed with familiar faces (not just the defendants) everyone working together to ensure the court run smoothly, to ensure the accused were robustly defended and to contribute to the running of a fair and independent justice system. There was camaraderie and support.

Pupil and junior barristers were welcomed into the community as they began their advocacy journey. None of us were earning what our colleagues starting out in the commercial legal world were earning but we could earn a living, loved our work and felt like we were making a contribution.

We would share stories about the different District judges: the one who described a defendant who drove slightly over the limit  as being as dangerous as someone who fired indiscriminately at people with a loaded firearm, the one who always seemed to find a way to throw out a trial early on a Friday afternoons so as to end the week early, the stories were endless.

Thirty years on and it is a different world. The courts are in a state of disrepair in every respect. Many court rooms have seats which are broken and cannot be sat on. There are limited if any refreshments for complainants, witnesses, the accused or the lawyers. Some of the familiar solicitors remain, many have retired, but there are far less younger solicitors coming through. Many of the courts resemble ghost towns with a few remnants of the past but no hopes for the future. The courts have been run down and so has justice.

There is a huge shortage of new solicitors coming through.  The cuts over 25 years have meant it is very hard to earn a living doing this type of work and reflects this government’s attitude to the importance of an effective and functioning justice system.

When you go to the Magistrates Court instead of being greeted by enthusiasm, energy and dynamism, you face low morale, poor facilities and a sense of resignation at the direction justice in the Magistrates Court is going. This extends to the over worked and under paid court staff doing their best in very challenging circumstances to keep the courts going. Do not get me wrong, all the people there are committed to doing their best, on behalf of their clients, the court etc, but there is very little new blood. The working conditions are poor and there is a general feeling of a lack of respect and appreciation for what defence lawyers do, often representing the most disenfranchised and vulnerable in society.

I write this on the day that the Criminal bar begin an indefinite strike in protest at the appalling low fees that higher court advocates  face and in particular the government failure to implement in  full the Bellamy independent legal aid report recommending  immediate investment. The idea that 30 years ago the bar would go on strike is unimaginable.

The effect of this is that the administration of justice, a key pillar of democracy has stopped. No resolution for complainants, for the accused. This is down to the government who have failed to properly fund justice.

And barristers and solicitors will keep leaving the profession , never to return.

Thirty years ago when I first went to the Magistrates Court I remember the buzz and excitement of being an advocate at court, representing the accused and seeking the best outcome for them surrounded by other dynamic advocates.

Today whilst we maintain and pursue the same objectives the future is bleak, there is no one coming through, the buzz has gone and so has our once proud justice system.

Paul Harris