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Bar Conference 2008: Conservatives warn against 'politically correct' prosecutions | Lord Bingham: 'no reason' to exclude Sharia | Law could become the preserve of privileged few once more | How healthy is the Bar? Times Law Panel give their views | Is the Bar becoming a two-tier profession?
A furious row has erupted with barristers blaming solicitors for what they say are appalling standards of advocacy in criminal trials.
The Criminal Bar Association has accused solicitor-advocates of keeping the conduct of serious trials for themselves instead of instructing more experienced barristers and of being unfit for the task.
Peter Lodder, QC, chairman of the Criminal Bar Association, said: “There is a huge increase in the use of higher-court advocates [solicitors who are qualified to act as defence advocates in serious trials].
“The Bar does not say that such an advocate is bad by definition. Some are good, but there are many who are truly appalling – defence solicitors who have never before conducted a crown court trial and have very limited experience in the magistrates’ trials now appear as junior advocates to defend in murder trials.”
The Crown Prosecution Service advocates were equally poor, he said. Some had left the Bar because they had never risen above a modest practice.“Now they have become the leading advocate in murder prosecutions, cases in which they would never have been instructed by the CPS while they remained in private practice.”
He told The Times: “All this is done in the interests of economy, without any regard for the interests of justice. Watching the destruction of the system by the use of apparently cheap and inadequate labour is deeply upsetting and demoralising to the professional Bar.”
Desmond Hudson, the chief executive of the Law Society, rejected the notion that solicitor-advocates were not up to scratch. He said: “If Mr Lodder wants to debate this issue seriously, he should provide specific examples so we can address them. We have not been shown any examples of misconduct and therefore these accusations are entirely unsubstantiated.”
Tim Dutton, QC, chairman of the Bar, told the profession’s annual conference at the weekend that each branch must apply its own code of conduct and that neither should let standards slip:“Where there are any signs of sloppiness we want both sides of the profession to stamp it out.”
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I agree with Alan from Upington. Academic performance in degree exams is no indication of advocacy skills and I have seen this at first hand.The professions obsession with youth is part of the cause methinks. Better to retrain a car salesman...
Andy, Glasgow,
Perhaps it is time to rethink how training contracts and pupillage are awarded. Not just for the privileged few based on academic performance but rather open to all based on aptitude.
Alan, Upington,
FA; When I worked in commercial litigation for a leading firm it always used to amuse me to watch my senior partner shake with nerves when making a telephone application to a District Judge. Advocacy standards are high in criminal courts. Both arms of the profession must maintain these standards.
Andrew, Cardiff,
Both barristers and solicitors at the criminal bar are average and why should they be anything else? They don't earn enough to spend hours going through briefs. But the bar has shown itself up to be what it always was, a pompous arrogant profession with a sell by date.
N, London, UK
As a lawyer who practices in the commercial sphere, I must say that average standards in the criminal courts are perceived by commercial practitioners as being much much lower. There are excellent criminal barristers AND solicitors but most are appalling and simply don't prepare well - sorry CBA!
FA, London,
I am a retired police officer and a regular at court. I was often shocked at the lack of preparation of barristers on quite simple matters of law. And there was an almost universal lack of ability to think on their feet. Solicitors at magistrates court were generaly much more of a problem.
Derek Smith, Brighton, UK
The general public have been more than aware with regard to the short-commings of this profession for hundreds of years. Solicit(or), the very name can be related to another timeless yet very profitable game. Now they have been found out by their own kind it's time they were made accountable too.
Mike O Connor, Plymouth,
My 20 years of being with young offenders and addressing Courts, places me in direct opposition. In almost every case solicitors acted with greater knowledge,understanding,and above all professionalism.It was rare indeed for me to be complimentary to a barrisster.As a profession they are futile.
John Eadie MacGregor, Doncaster, South Yorkshire
Having had to suffer the appalling 'defence' advocacy of many members of the Junior Bar over the years, I suggest Mr Lodder gets his own house in order before criticising others.
Jaypee, London,
May I refer all to an article written by Daniel Finkelstein [The Times] July 9th 2008. References were made to those who 'err' in their duty and who thereafter find it impossible to admit a mistake. The words 'Cognitive Dissonance' are the key to what is wrong.
Steve, Bournemouth, England
Permitting solicitors to perform advocacy is akin to permitting psychiatrists to perform surgery.
James E. Petts, Burnham, England
If barristers hadn't priced themselves out of the market this would never have happened. For barristers to include the word justice is laughable. They are only interested in numbers. The number of ££££ in there fees.
Mr David Phipps, Oxford,, United Kingdom
The CPS strikes me as another of those good ideas where, in practice, the solution becomes worse than the problem it was designed to solve. A collection of wasteful, mediocre little careerists.
James Hargrave, Melbourne,