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Milly Dowler family's court ordeal 'appalling'

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Old 26 June 2011, 06:52 PM
  #31  
ritchie21
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Originally Posted by tony de wonderful
But would you admit that there is often a financial incentive to break that code, especially when nobody else knows what has been said between the client and Barrister?
No! For one, the money, particularly for "normal" barristers ie not Q.C.'s, is nowhere near what people think that we earn.

It isn't just you and the client who know what's been said-you always have someone from the solicitors with you. Do you really think that what is said between client and counsel stays that way? I have a duty of confidentiality but that doesn't apply the other way around-clients don't have to keep their mouth shut and invariably don't.

More importantly, if you did represent someone in those circumstances and they are then convicted and get a longer sentence than they thought they would, you leave yourself wide open to allegations of pushing them into a trial. A complaint takes about 18months to properly investigate and quite simply, the money isn't worth the hassle of that or the risk of being disbarred.
Old 26 June 2011, 07:01 PM
  #32  
ritchie21
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Originally Posted by David Lock
Well I didn't know that I must say.

So if I can afford it I can insist that any barrister I want has to represent me if I am charged with something? Surely not?

dl
Yes, you can. Not just if you pay either-in cases where legal aid has been granted, the client can also request a barrister of choice. The only difference there is that if you want a Q.C. you will only get one if the senior Judge deems it necessary and the hurdles that have to be jumped to get a Q.C. in a case are numerous!! If you are paying, have who you want.

We have in the code of conduct, something called the cab rank rule-you must do the first case you are instructed on. Like queuing for a taxi where you have to take the first in the queue, you can't pick and choose your cases. One of the only other grounds that we can refuse to take a case is that we are professionally embarrassed (this would include the client telling you that they are guilty) which would include you feeling that you were insufficiently experienced to take the case, for example someone who has just qualified and hasn't had much experience would return say a rape or serious assault because they would be professionally embarrassed to take it.
Old 26 June 2011, 07:06 PM
  #33  
David Lock
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OK 21 thanks for enlightening me.

I'll be sure to ask for you next time............

And she said she was over 16, honest guv'

dl
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