It seems that the Bar Council have scored an own goal of Chamberlainesque proportions in negotiating higher rates of pay for advocates at the expense of litigators, thus leading to an explosion in the number of firms using Solicitor-Advocates with a view to maximising their earnings.
Concern has been expressed by HHJ Peter Collier Q.C. Recorder of Leeds about advocates taking on cases, either that they are not sufficiently competent to handle, or accepting a role of Junior Counsel with no intention of properly fulfilling the requirements of the role, or indeed being competent to take over from their leader, should the need arise. Whilst these concerns have been expressed particularly with regard to Solicitor-Advocates, HHJ Collier mentions the fault lies also on occassion with some barristers.
Ruthie has some sympathy with his view, and also his observation that we live in difficult times. The legal profession is going through a wholesale period of transition which has been pending for, oh, a few hundred years. Sadly until we all become adjusted to the new world order, the ride is liable to be a little bumpy. The latest wave of Solicitor-Advocates are liable to be a little inexperienced, but only time spent in the court is going to cause them to improve. Ruthie is concerned if lawyers are taking on cases beyond their competency. The judgement is obviously a matter for individual lawyers, and their clients, to make, but Ruthie is concerned that in-house Solicitor-Advocates may come under pressure from some firms to undertake cases that they personally deem beyond their competence, with a view to maximising dwindling profit margins. Equally some experienced leading counsel may be obliged to endure half hearted and incompetent Juniors for fear of upsetting powerful firms that provide regular instructions.
HHJ Collier Q.C. has provided guidance on the matter, that all criminal litigators should be aware of.
But in the meantime the Bar has some uncomfortable truths to grapple with:
1. The explosion of Solicitor-Advocates inevitably means less work for counsel at the junior end, and consequentially even fewer pupillages.
2. Given the extent that Solicitor-Advocates are now fulfilling the role of junior counsel in complex and lenghty trials, the next generation of leading counsel must surely be heavily represented by Solicitor-Advocates.
3. Given the extent that the Judiciary are drawn from trial advocates who do complex and lengthy trials, subsequent generations of the Judiciary will inevitably be heavily represented by….. (Ruthie’s typing is now halted as she is trampled by members of the Bar going to have a lie down in a darkened room, or hanging themselves.)
Inelectable…your reasoning is impeccable
I assume you mean inelcutable..
and I am grateful to both yourself and VM for increasing my wordpower
ineluctable?
“… either that they are not sufficiently competent to handle, or accepting a role of Junior Counsel with no intention of properly fulfilling the requirements of the role, or indeed being competent to take over from their leader, should the need arise …”
A solicitor-Inadequate I know of did that fairly recently.
“…Given the extent that the Judiciary are drawn from trial advocates who do complex and lengthy trials, subsequent generations of the Judiciary will inevitably be heavily represented by…”
The thought is indeed too ghastly to be uttered aloud. Might as well have bus conductors as Lords of Appeal in Ordinary, that couldn’t be any worse.
A barrister I know of recently applied for a job working for a solicitor. And got turned down.
I almost feel sorry for the poor barristers.
Not only do they have to cover up the mistakes of their client’s solicitors. Now they have to employ the solicitor as a junior.
I did mean ineluctable… just can’t type… but I did like ‘inelcutable’ (see above
Hope you recover soon. I am relaxing this pm…. drinking holy water.
Eeek. In mitigation I have been suffering from a nasty virus for the last couple of days which seems to have affected my ability to spell. Your Honour..
I wish you a speedy recovery.
[...] scrabbling to surmount the citadel of the Bar in rapine orgy. Others have noted that the Bar is doomed to shrink, in no part due to the Bar Council’s uncanny ability to shoot itself in the foot even when [...]
The sudden need to “regulate” and “grade” advocates amuses me. Never thought necessary when 23 year old barrister steps into a case at the last minute, but needed now(!). It deters me not, since by the time this gets moving the solicitors now forced to make their way in the Crown Court will have acquired the necessary experience. The process has already commenced.