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This was often my daily schedule:
6-7am: up
7am - 9am: travel
9am - 5:30/6pm: in court all day (30min lunch)
5:30/6pm - 7:30/8pm: travel home (todays notes & prep cases)
8-9pm: dinner
9-12pm: prep cases
I did this back to back for months.
No to late sitting and weekend courts! https://twitter.com/brummybar/status/1281509911768305664
6-7am: up
7am - 9am: travel
9am - 5:30/6pm: in court all day (30min lunch)
5:30/6pm - 7:30/8pm: travel home (todays notes & prep cases)
8-9pm: dinner
9-12pm: prep cases
I did this back to back for months.
No to late sitting and weekend courts! https://twitter.com/brummybar/status/1281509911768305664
A member of the public criticised the fact that 6-7am is too long to take to wake up, shower, get dressed, eat breakfast, get out the door.
There are many other hours of the day where I am working.
How does one deal with this criticism?
There are many other hours of the day where I am working.
How does one deal with this criticism?
There's two ways to think about this:
1) The criticism is mean and it missed the point, so I can ignore it.
OR
2) I haven't done a good job of explaining why 17hr+ working days should matter to the general public.
I'm going with option 2. Let's discuss.
1) The criticism is mean and it missed the point, so I can ignore it.
OR
2) I haven't done a good job of explaining why 17hr+ working days should matter to the general public.
I'm going with option 2. Let's discuss.
Why should the public care about criminal lawyers working extra hours?
I am going to try to answer this question.
Providing a coherent & engaging answer is actually very difficult to do well.
Please engage empathetically with what I have to say.
I am going to try to answer this question.
Providing a coherent & engaging answer is actually very difficult to do well.
Please engage empathetically with what I have to say.
One thing is clear to me - criminal lawyers have a duty to explain to the public 1) what is happening and 2) why it matters.
After all, it's everyone's justice system.
After all, it's everyone's justice system.
Some background:
When the Bar went on strike in April 2018, I was frustrated that no one had explained to the public *why* they should care about lawyers going on strike.
So I wrote this explainer. It was re-tweeted all over the place (thanks, btw!) https://thesecretbarrister.com/2018/04/26/guest-post-the-secret-bptc-student-on-legal-aid-cuts-and-the-criminal-bar/
When the Bar went on strike in April 2018, I was frustrated that no one had explained to the public *why* they should care about lawyers going on strike.
So I wrote this explainer. It was re-tweeted all over the place (thanks, btw!) https://thesecretbarrister.com/2018/04/26/guest-post-the-secret-bptc-student-on-legal-aid-cuts-and-the-criminal-bar/
What I said at the time:
"Strike action is being taken because the criminal justice system is in crisis.
Chronic underfunding of the criminal justice system has resulted in...."
"Strike action is being taken because the criminal justice system is in crisis.
Chronic underfunding of the criminal justice system has resulted in...."
TO REPEAT
Chronic underfunding of the criminal justice system has resulted in:
- cases not being heard for months if not years after an incident,
- victims & witnesses unsupported through the process,
- defendants have gone unrepresented...
Chronic underfunding of the criminal justice system has resulted in:
- cases not being heard for months if not years after an incident,
- victims & witnesses unsupported through the process,
- defendants have gone unrepresented...
- evidence is disclosed late, some cases dropped,
- prosecutors given little time to prepare magistrates' court trials (where most cases are heard),
- judges are unavailable to hear trials,
- courts sold off,
- prisons in meltdown etc.
That is where we were in April 2018.
- prosecutors given little time to prepare magistrates' court trials (where most cases are heard),
- judges are unavailable to hear trials,
- courts sold off,
- prisons in meltdown etc.
That is where we were in April 2018.
It's now 2020 & the criminal justice system is under attack, again.
Why is the system under attack?
There is an enormous backlog of cases and only now have the powers-that-be decided to do something about it.
Why is the system under attack?
There is an enormous backlog of cases and only now have the powers-that-be decided to do something about it.
Why is there a enormous backlog of cases?
In short: a chronic lack of funding.
In short: a chronic lack of funding.
What does the backlog look like?
Approx. 41,000 cases in the Crown Court, and
Approx. 500,000 cases in the magistrates’ courts.
The vast majority of these cases were pre-Covid.
Approx. 41,000 cases in the Crown Court, and
Approx. 500,000 cases in the magistrates’ courts.
The vast majority of these cases were pre-Covid.
TO REPEAT: THIS BACKLOG WAS NOT CREATED BY THE PANDEMIC.
It was created due to *years* of chronic underfunding of our justice system.
It was created due to *years* of chronic underfunding of our justice system.
What does this backlog mean in real terms?
It means that people are waiting months, if not years, for their trial to happen.
Complainants and witnesses also have to wait months, if not years, to give evidence and to know the outcome.
Months, if not years. Of waiting.
It means that people are waiting months, if not years, for their trial to happen.
Complainants and witnesses also have to wait months, if not years, to give evidence and to know the outcome.
Months, if not years. Of waiting.
What is the impact of having to wait so long for a trial?
Lives go on hold, people suffer while waiting (in the great unknown), memories fade with time, complex issues become harder to face...
...justice may be delayed or denied or it may be both.
Lives go on hold, people suffer while waiting (in the great unknown), memories fade with time, complex issues become harder to face...
...justice may be delayed or denied or it may be both.
You may think that this doesn't affect you...
...that you won't ever need a lawyer, that you don't know anyone who is a victim of crime, that you don't know someone who has committed a crime.
Let's say ^^^ is true.
Well, the hard truth is that crime affects us all.
...that you won't ever need a lawyer, that you don't know anyone who is a victim of crime, that you don't know someone who has committed a crime.
Let's say ^^^ is true.
Well, the hard truth is that crime affects us all.
Crimes ranging from speeding to drug dealing to domestic violence - all impact our communities in different ways.
Criminal offending does not only affect individuals, it affects their families and your neighbourhoods.
We all want to see these resolved fairly and quickly.
Criminal offending does not only affect individuals, it affects their families and your neighbourhoods.
We all want to see these resolved fairly and quickly.
If we cannot get justice in a reasonable time, it makes us all less safe and it makes our society weaker.
Laws are only as good as our ability to enforce them equally and within a reasonable time frame.
Waiting several years for a trial is not reasonable.
Laws are only as good as our ability to enforce them equally and within a reasonable time frame.
Waiting several years for a trial is not reasonable.
So we have this enormous backlog of cases.
What are the proposed solutions?
Many ideas have been proposed, but today's topic is criminal lawyers working extended hours & working weekends.
(I haven't forgotten other court staff who would also have to work said hours.)
What are the proposed solutions?
Many ideas have been proposed, but today's topic is criminal lawyers working extended hours & working weekends.
(I haven't forgotten other court staff who would also have to work said hours.)
As myself and many other barristers and solicitors have commented, we *already* work extended hours.
We already work 16+ hour days Monday-Friday.
Many of us also work 1/2 of Saturday.
We all work on Sundays (preparing for Monday).
There's no time left.
We already work 16+ hour days Monday-Friday.
Many of us also work 1/2 of Saturday.
We all work on Sundays (preparing for Monday).
There's no time left.
What would be the impact on criminal lawyers working extended hours?
- even less time to work on cases
- even less sleep
- even less time to spend with family
- even less time to have a life
- even less time to recover
- even less time to work on cases
- even less sleep
- even less time to spend with family
- even less time to have a life
- even less time to recover
Why should extended hours matter to the public?
Without enough sleep, time to recover, and enough time to prepare cases, criminal lawyers cannot deliver the right level of service for our clients and our communities.
Without enough sleep, time to recover, and enough time to prepare cases, criminal lawyers cannot deliver the right level of service for our clients and our communities.
Clearing the backlog by extending working hours will mean:
1) There will be fewer lawyers left standing,
2) It will not address long term issues in the system,
3) It will not provide justice for our communities.
1) There will be fewer lawyers left standing,
2) It will not address long term issues in the system,
3) It will not provide justice for our communities.
Put another way, we don't rush surgical operations, so why are we rushing criminal trials?
Extended hours puts the criminal justice system at risk of imminent collapse.
Justice matters.
/END OF THREAD
Justice matters.
/END OF THREAD
