Thursday, 26 April 2007

Letting the side down

Last weekend I went to the CBA (Criminal Bar Association) Conference in the lovely city of Birmingham. I had been looking forward to it for some time, partly because I’m fond of Brum, partly because it was lots of CPD points for relatively little cash and partly (or mostly) because it meant a city-break with my best buddy (also a criminal hack) who will henceforth be nicknamed Partner in Crime.

On Saturday morning we sat down in a Birmingham University lecture theatre for the first talk, given by none other than the Attorney General, Lord Goldsmith QC. I’d seen him speak a couple of years previously at a Young Bar event (we barristers know how to live!) and had enjoyed it, so my hopes were high. How wrong I was! Firstly, there was absolutely no hint of enthusiasm on his part. His speech was delivered in a dry, tediously soporific monotone as though the last couple of years had drained all the life out of him. (Perhaps they had. Maybe if he’s feeling the pressure, he should step down from the process of deciding whether or not to prosecute his mates, but I digress…) Worse, though, was the subject matter.

Many criminal barristers have been tearing their hair out at the recent proliferation of CPS Higher Courts Advocates (HCAs). These in-house lawyers have started doing a great deal of crown court hearings. It started with preliminary hearings, but has spread to PCMHs (Plea and Case Management Hearings, for the uninitiated), committals for sentence and (eek!) even the odd trial! Some of these are very good advocates and even more are very nice people. But there are some who are, frankly, awful and they are snaffling a lot of work. The most annoying thing is that they conduct PCMHs and only brief counsel if the defendant enters a not guilty plea and there needs to be a trial. Then you get a case that hasn’t been prepared properly in its early stages, since the person preparing it has missed obvious points.

The AG droned on at length about how brilliant CPS were and how well these “employed barristers” were doing. There is, we were told, only one Bar, which encompasses both self-employed (i.e. proper) barristers and those who work in house. Gerenally speaking, I don't really object to this. Then he went on to hint that it is mean-spirited for the self-employed Bar to resent those with the same qualifications as us gaining the same experience, including conducting trials. I don’t resent people with the same qualifications as me doing the same or better work. What I resent is people who tried and failed to succeed in a Chambers (or as a solicitor advocate), joining the CPS as part of their “we’ll take anyone” recruitment drive and doing work of a far higher level than CPS would ever have allowed them to do had they remained in private practice.

There were other subjects too, but I should probably move on. After he’d finished his speech he left straight away without taking any questions. A canny move and lucky escape, as tensions were running high. Partner in Crime was on the edge of her seat, itching to give him a piece or her mind! Happily, the day improved and in the course of it there were some great lectures. The AG was immediately followed by the shadow AG, Dominic Grieve, who was a brilliant speaker, though perhaps more anecdotal than he could have been. He also spoke against the AG’s suggestion that junior criminal barristers might one day as a matter of course train in CPS and spend a few years there before moving into the self-employed Bar. The day wasn’t supposed to be political, but I think he might have won the Conservatives a few votes. I, a lifelong leftie, shuddered to think that the unthinkable may be happening – I have lost so much faith in our government due to the mess it's making of the criminal justice system that I may be turning Tory. To think it should come to this…

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Anonymous said...

I actually think your comments are rather unfair. Currently the numbers of students coming to the bar far outstrip the number of pupillages on offer. There are many able people who are not successful in applying for pupillage or who simply chose to apply directly to the CPS - an attractive prospect perhaps when you think about the difficulties of establishing a criminal practice even if you do secure a tenancy.

Moreover if you look at some of the 'criminal hacks' who came to the bar a bit earlier, when the competition was not quite so stiff you can find plenty of examples of people who would not succeed in obtaining pupillage if they were applying today.

Smartie said...

>The AG droned on at length about how brilliant CPS were and how well these “employed barristers” were doing. There is, we were told, only one Bar, which encompasses both self-employed (i.e. proper) barristers and those who work in house.

I love your use of the term 'proper' barristers whic sounds somewhat demeaning of those who have chosen to become in-house barristers.

I have colleagues at the CPS who are doing far better work and have better prospects than many at the junior criminal bar who are hanging on to their chambers before the full force of the Carter Reforms are felt.

Things are changing and the CPS is rapidly becoming a better prosecuting authority, despite appearances. Those who got in years ago and are now doing decent work are probably laughing at the indepdent barristers hanging on to their last whims. Going to court once or twice a day from Chambers picking up the crap solicitors cannot be asked travelling to the other side of the city for doesn't compare with doing back to back criminal work within the CPS 5 days a week from 9-5pm.

And the CPS dont take anyone. They now have options given the drone of us who are leaving the junior criminal bar and the collapse of criminal solicitors firms. It is far more competitive than a few years ago. I've heard of junior members of the bar being rejected.

I cannot comment on the AG's unenthusiasm. Perhaps his private life has taken more of a battering than he could handle ;)

Praguetory said...

Hi legal beagle - I come here occasionally and enjoy your posts. Maybe Lord Goldsmith distracted air is caused by the unfortunate conflicts he is facing.

He is a Labour donor, member of the Cabinet and was appointed by Blair, but will need to make the final decision on the cash for peerages prosecution decision. I hardly need point out that the conflict of interests are unacceptable and he should stand aside.

http://petitions.pm.gov.uk/seentobedone/

If you agree, please sign and publicise this recently approved Downing Street petition. Best wishes. PT

Righthon said...

I too shudder at the unthinkable thought you mention in your post and yet have lost so much faith in the government I cannot bring myself in good conscience to vote Labour again.

Not just the damage being done to my future profession (I am a hopeful young trainee in a legal aid criminal law firm) but the NHS, SOCPA (and other exciting new legislation).... All the rest...

Not quite sure if that translates to a Tory vote mind you!

Wig and Gown said...

I have no doubt that many CPS HCA's are doing better work than people of a similar call at the independant bar.

I don't think that Legal Beagle disagrees either.

I would add however:
(i) many of the HCA's are less able than their independant counterparts
(ii) many of them are happy to do PCMH's but not trials - flying in the face of Carter's 'case ownership principles'
(iii)many HCA's are able to pick and choose their cases and end up doing those that they think will plead
(iv)many HCA's now insist on being the Junior in 2 Counsel cases, but refuse to do the work that an independant member of the bar would do, citing 'other cases/general caseload' as their get out clause.

I agree that they can be more selective about who they take, but once in the quality control is simply lacking, mainly because there isn't the 'able tutor(s)' that you would find in the better chambers.

Pupilblogger said...

Your post made me squirm a bit. Pupillage hardly seems like a fool-proof system for selecting the best and brightest, as one of your recent posts very clearly highlights. I'm sure there are some extremely able advocates who do not get pupillage or, getting it, do not get tenancy or, getting it, pursue a different path after a few years. And there are some right twerps who do get pupillage, tenancy and stick with it, somehow, yet make terrible barristers.

'Twerp' is a much under-used word, I suddenly feel.

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