Having practiced for many years in the family courts at Liverpool I can sympathise with the comments of Judge De Haas. I have had cases where I have been ready to start at 10-10.30 yet counsel for the opposition is in a different court entirely, so my poor client either has to pay my full hourly rate for hanging around (no negotiations even) all morning or I take a hit on my fees. Either way, it is unprofessional for counsel to accept instructions where there is a clash and I for one support the judge's comments.
That's all well and good, but if the Court lists on a date when Counsel on the case has been booked on an earlier matter and the Court is asked to vacate and relist to ensure continuity of Counsel with the obvious benefits, Judges will usually refuse on the grounds that any Counsel can pick up the papers and run the case! And whilst in family cases such a request can be made by letter, in civil cases judges will usually insist that an application is made with the fee being paid before they consider ( and then reject) the application!
Hold on here.
Whilst I understand the frustrations at court issues with listing, and I agree that there should be some options for reporting judicial delays as what is good for the goose is good for the gander, all this judge has stated is that there would be 'potential' sanctions.
I'm, sure we can all think of occasions when sanctions would have been appropriate. The question will be what sanctions are used and when
High handed and imperious ignorance of commercial realities on the ground.
As previous posts have mentioned, the position in the criminal arena is increasingly one of hostility from HMCTS towards practitioners, with the illogical Magistrates' Courts' policy of multi-listing trials invariable causing unwelcome delays to witnesses and defendants alike.
It's about time the judges joined the real world. No increase in legal aid fees since 1997. On the contrary we have had a cut. Staff and office costs have increased significantly over that period and the parties wonder why we have to try and maximise our costs by attending more than one hearing in a day.
it's not as if one can generally know in advance that you are going to end up with two hearings in different courts at the same time on the same day.....
No doubt the judges would say, well send someone else, but that's often not a good plan at all (in client's interests). and the more so in family cases (but any case really, if a person doesn't know the case, then it's unlikely a hearing will go well for their client....)
There should be sanctions against counsel and their chambers for what is tantamount to 'flipping' a brief. Such conduct is against current practice in Victoria Australia), where, for instance, counsel accepts a brief for a matter that will more likely go to trial in a senior court, and returning a brief for which there is, for example, a prospect of a guilty plea in a lower court, so that they can earn a higher fee. In said jurisdiction, instructing solicitors would be disinclined to instruct offending counsel or their chambers where such practice occurs. In England and Wales, double-booking should be a definite 'no-no'. Although counsel are self-employed and their income depends on being instructed, the BSB does issue a health warning about a career at the Bar (in which case, in my submission, the profession should be salaried and the two branches merged; though this would detract from the main point herein, namely, flipping briefs). Indeed, as for etymology, perhaps it would be more appropriate to call the practice 'flipping' rather than double-booking. It should not only be regarded as unethical, but a matter of professional misconduct and discipline. Instructing solicitors should in the meantime be wise to this and decide not to instruct said counsel again. It is also a massive inconvenience to clients and witnesses, many of whom are distressed, may be intimidated by the 'majesty' of the law and the courts, and would have incurred great expense (actually or relatively) in attending court. This practice must be stopped, and Judge should impose a Wasted Costs Order against counsel for which he/she would be personally liable to pay.
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