What Can I Do If a Judge Criticises My Solicitors?
Solicitors owe their clients a professional duty of care and responsibilities to the court as one of its officers. If you’re going to court, your solicitor or barrister must adequately explain and present your case, handle questions from the other side and the judge, and rebut arguments from the opposing party. Your advocate will also be required to question or cross-examine any witnesses.
Successful presentation of a case (which is not necessarily indicated by the outcome) requires good standards of analysis and advocacy. According to the Solicitors Regulation Authority (SRA), the governing body for professional legal standards, legal professionals must:-
- Be well prepared
- Follow their client’s instructions
- Present information clearly
- Persuade the court with cogent arguments
- Deal with witnesses
- Ensure they meet your needs
Judges have their own duties and standards. It is often said that justice must be seen to be done and much of this requires a delicate balancing exercise. Outcomes in litigation are rarely binary- black or white. Often outcomes and decisions will be somewhere within a palette of grey. In this context it is common for a judge to criticise parties for different aspects and, quite often, solicitors. Sometimes this can be fair criticism, at other times misguided and based on the judge being unaware of the complex background that has required XYZ steps being taken. If a judge criticises your solicitors at a hearing then, depending on the nature of that criticism, that might give cause for some concern or explanation, or it might simply be that the judge was trying to present a balanced approach when considering the issue (application or trial) before them. Before taking any steps you should discuss your concerns with your solicitors. If reassurances are insufficient you might consider a complaint. Finally you might consider pursuing either a claim, or a complaint with the Legal Ombudsman.
