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In a previous role I regularly instructed Counsel (or else was fee earner in cases where others had selected and instructed Counsel) and know that often a solicitor's firm will choose a barrister based, essentially, on their assessment of the Client's preferences rather than with much consideration to aptitude... Gender, race and age are all considered, I think, if only unconsciously...

I suppose the problem is when one characteristic, alone, is used to rule someone in or out from being briefed. It's a tricky one but, essentially, the role of the advocate (in criminal proceedings, at least) is to, a significant degree, a theatrical one, isn't it... and part of the theatrics entails meeting the client's expectations?

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