Judge not lest yet be judged
If judges are going to start assessing barristers then letâs have barristers assessing them back
âI have to say Iâm very much looking forward to the government implementing their plan to have judges assessing criminal advocates,â said OldSmoothie.
âYou what?â said TheVamp looking incredulous.
âYes, ever since I started doing my part-time judging, itâs the criminal barristers in particular that are most jumped-up and irksome. Never seem to know their place. This, at least, might make them a little more respectful.â
âEr, isnât that exactly why the idea is a bad thing?â said BusyBody. âBarristers need to be fearless in defence of their clients.â
âFearless? Pah! Paper tigers more like,â said HeadofChambers. âAs soon as I start threatening them with a wasted costs order against them personally thereâs many a junior barrister in particular who will completely dismount from his or her moral high horse and all of a sudden be quite prepared to do anything I suggest.â
âI find that threatening to report them to their own chambers has just the same effect,â said OldSmoothie.
âAnd you think adding another weapon to the arsenal of the bully judge is really going to help the cause of justice and a fair trial?â said BusyBody.
âMaybe not,â said OldSmoothie. âBut itâs certainly another thing which might help me get the case finished early enough for me to hit the golf course by the afternoon.â
âYou know, I think that if theyâre going to have judges assessing barristers, then itâs only fair that barristers should in turn get the right to assess judges. Maybe we could even make their pay contingent on getting good marks.â
âI hardly think theyâd allow that,â said OldSmoothie. âIt would completely undermine the whole principle of the independence of the judiciary.â
âExactly,â said BusyBody.
BabyBarista is a fictional account of a junior barrister written by Tim Kevan whose new novel is Law and Peace. For more information and to read past posts visit babybarista.com. Cartoons by Alex Williams, author of 101 Ways to Leave the Law.
February 24, 2012
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