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