Are The Cards Stacked Against Us

challenge your view

of those who come before the court today

what do you think of

is it their family makeup their income

even their dress sense we can rely

so readily on stereotypes derived from

reality tv

and mainstream media that we actually

ask

do they deserve to be fairly represented

by creating that us and them culture

and for those who represent them can

they maintain

their profession with independence and

integrity

imagine if i told you that due to that

same societal prejudice

and stereotypes that my personal

circumstances

would have resigned me to the same fate

yet when i say i’m a barrister i’m

somehow promoted up the social ranks

unfortunately unbeknownst to my bank

account

growing up i was always told to keep

those cards close to my chest

from those who would wish to take

advantage of any perceived

vulnerabilities that i may have

because we’re all dealt our hand to play

in life

from very early on for some of those

those cards can represent a position of

privilege

and for others those cards feel as if

they’ve been dealt a bad hand

through no fault of their own and

despite this

we all have the opportunity and the

right to have the seat at the table

and on this very table because you know

where i’m going with this

is the deck of life face down

each character you pick up uncertain and

unpredictable

now you may think this deck of life can

contain all the weighted limestones in

your life

settling down getting a dog maybe

finding your dream career

what you may not expect to find is the

cured saying that you’ve been charged

with a criminal offence

or that your relationship’s broken down

or that even your right

to live and work in this country has

been refused

today i want to question whether access

to justice is truly accessible

both for those in the profession and

those represented by

it now we take for granted that we’ll

never have to face a lawyer or even a

courtroom

so i do apologize for anybody’s watching

so we never put money aside to film that

representation when those cards are

stacked against

us just like our reliance on nhs

to service the many deemed that they’re

entitled to have

which makes sense it is your fundamental

human right after all

for the right to fair trial and access

to justice

and it can be difficult when living hand

and mouth

to fund such representation

and this is where legal aid steps in

that governmental piggy bank

with a theoretical aim to provide that

financial support to those who need it

but you can’t have legal without some

terms and conditions can you

for example despite how small your

income or savings may be

if it exceeds the threshold you may not

be able to avail of it

and equally the type and merit of your

case may also

restrict you from that such aid as well

i’ve sat in cases where clients are

appealing a decision

that has cut their income support to

lavon each week

or have denied them that benefit

entirely

since it changed the personal

independence payment in 2017

forty percent of those decisions have

gone on during appeal

and despite struggling with physical and

mental disability

they’re left with no option but to

advocate for themselves

as they’re being challenged in a very

challenging environment

an unfamiliar environment at that and as

a result of this

they’re not the only ones that have felt

that they simply need to read the

instruction manual

and go alone a recent report by

university of ulster found that between

2012

and 2017 5 000 people

are before the family in civil courts

each year unrepresented

and whilst justice seeks to keep budgets

low

and resolve issues outside of the court

it merely

acts as a scenic group back before it it

prolongs their experience

creates further delay inevitably further

expense to the public purse

but it’s a client that suffers who

simply wants to be heard

and in practice i’ve seen this happen

where there’s an opportunity for an

agreed way forward

but clients see it simply as winners and

losers and

all personal matters put to the mercy of

the court to decide on

and i cannot stress enough how over how

it cannot be overvalued rather

the importance of legal advice

working alongside clusters as barsters

we know the law we can adapt to its

changes

and the judge’s response to it it’s

highly likely we may know the

representative for the other side as

well

small world and all that but it’s

important that whether you feel that

you’re not

guilty due to an innocent mistake or

worse

plead guilty for marriage to simply go

away

you need someone there on your side that

can provide you the best options for

your case

and your case alone without any fear or

favor

and a reality where that presence is not

felt in the court system

doesn’t require a lot of imagination in

2015

despite 18 months of negotiations it was

only when barristers actually removed

themselves from jury trials in crown

court

for nearly nine months that their

presence was truly felt

or rather missed thankfully

matters were mediated and our fees for

now have been maintained

but before you ask no this wasn’t us fat

cats they can be paid more than we’re

worth

we were simply trying to keep the

profession worthwhile

the cuts proposed sought to half our

fees in some cases

now dividing that over the hours our

barrister would spend on a case

say if it were to go to trial it was

just not sustainable

and it just do occur this current

pandemic and the pressures on the nhs

can be seen

it can be difficult to remember this but

we in contrast

aren’t government funded the price we

pay for an independent bar

means we are and have to be

self-sufficient

but how can we support one another if we

cannot support ourselves

and the proposed cuts that could have

been felt can still be felt

quite close to home still barristers in

england and wales

have felt the decline in access to

justice for nearly a decade

in the just small change for justice

report in 2019

it was found that the justice men in

england wales was a mere 39

pence per person per day

less than what the nation would spend

and say a cup of coffee every morning

each year the author of the secret

barster rightly asked

how confident would you be of the

quality of your representation

if you knew that their early rate was

less than the minimum wage

that’s right less so to put that into

perspective

a fully qualified barrister and their

horse heroic and going

making less than a mcdonald’s employee

and that’s due to the fact that we’re

largely prevented from taking on a

second job

and the bbc reported on this issue just

in january this year

coupling the cuts with the delays in the

court system for up to four years

even for low-level straightforward cases

a civilian right they responded to all

this with that’s a sentence in itself

babes

as a member of the young bar i merely

stand on the shoulders of the barstools

before me

that advocated for our profession for

the interests of our clients

and for the maintenance of the rule of

law

yet the cards continue to be stacked

against us even in present day

and it could have serious implications

not only for the independence of the bar

the independence of the court system and

the public confidence on it

and of course speaking of covet again

sorry but the impact of it has been

quite serious on the profession

with many of those having circumstances

that are quite like

the clients they represent they’re

struggling

to bring in an income their receipt of

benefits

and they’re coping with per mental

health as they work to business as usual

in the midst of this crisis and the most

vulnerable in our society

are breaking point two with german

lockdown heightened numbers of domestic

abuse

relationship breakdown and inevitably

the consequences felt by the children

witness to it

it’s so important in such uncertain

times that we just be compassionate to

one another

and remove the stereotypes against those

who are in the court system

and those who represent them because at

the end of the day

regardless of the carrots you hold or

pick up along the way

none of this is a game when i was called

to the bar

it was lord chief justice declan morgan

also with dairy descent

who spoke with barristers as being

pillars within our community

we as a community are composed of the

values that matter to us the most

and democracy and rule of law should be

at the forefront of this

we do not forego our clients for the

sake of budget cuts

we never will as always it’s the former

president of the uk supreme court lady

hale says it best

if we lose the possibility of the pers

and most vulnerable in our society

protecting those rights we’re all lost

and the special thing about the bar is

the collegiality

no matter your year of call trust me

every day i’m reminded of this through

hasty whatsapps or calls far too late at

night

as justice mcluhan rightly observed it’s

the consequence of barsers working in

the same building

using the same facilities and sharing

the same ethos

that enhances the expertise available to

the public

because regardless of the cold card you

hold merit

and hard work are making more than

servant to enter the profession

i didn’t come from a family of lawyers

my mum

was the first generation to go to

university and managed to raise two

children

while students so one of them being me

and i for one had to work three jobs at

one point to film my career at the bar

in the words of lord neuberger

the law has a human face it’s

administered and made by people

so my story isn’t unique but

representation only truly happens

if we reflect the society that we

represent

i hope that if you can imagine the

change you wish to see in your community

that you will strive to advocate for

others as you should do for yourself

i’m so glad i did thank you