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23 November 2017 / Andrew Langdon KC
Issue: 7771 / Categories: Opinion , Profession
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Breaking the cycle: time to trust advocates

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Andrew Langdon QC reflects on the adverse effect of judicial case management on advocacy

From time to time every lawyer is asked to explain to a lay person the difference between a barrister and a solicitor. Whereas rights of audience extend to both professions, ‘horses for courses’ seems to continue to play its part in career selection. So while there are many skill-sets that draw aspiring lawyers to our sister profession, it remains the case that those who want above all to become courtroom advocates are drawn to the Bar, which remains the natural home for professional excellence in advocacy.

Advocacy is personal. It depends upon judgement, courage, independence of mind, hard work and a capacity to take responsibility for the consequences. I have always been struck by the fact that as individuals, barristers from the most junior to the most senior, have to take full responsibility as individuals for their professional conduct as advocates. They are not entities, but individuals. In the end, as advocates they stand and fall by their reputation as individuals.

Barristers nowadays are highly trained.

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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