What's The Problem With Lawyer Jokes? Guest Blog by Paul Loughlin

Apparently today (08 April 2014) is ‘International Be Kind to Lawyers Day’. I wouldn’t have known either! No, it’s not another David Cameron inspired tag line akin to ‘Hug a Hoodie’. It actually appears as though it’s one of many marketing initiatives following the growing trend, probably created by lawyers to work on some of the negative stereotypes associated with those who practice law. Having started in America and now being rolled out across the globe, I don’t think it is likely to be made into a national holiday any time soon but I’d like to think it maybe makes people think about lawyers in a different way.

Photo Source  Kansas City Legal Examiner

As featured by Jeanette Miller in her recent blog, The first thing we do, let's kill all the lawyers, it is not uncommon for lawyers to be dismissed as cynical and dishonest presumably all in the aim of lining their pockets. As a Criminal lawyer myself I’m certainly not asking for any sympathy on that front. I like everyone else knew what I was signing up for. It one of those jobs seen as a vocation, not a 9 to 5, a way of life for many. It comes with its positives and with its negatives.

So, what is the main positive?

Well, believe it or not for me it is actually helping people and feeling like you have made a difference with what you have done with your day. Whether family and friends believe me when I say that I can’t say for certain but I can say that my clients do.

At Geoffrey Miller we want our clients to succeed. We buy into our clients’ goals and aims when they decide to pick the phone up to speak with one of the team. We don’t judge, we just try to look for the best solution for that particular client. Whether it be fighting to keep a licence for someone who will lose everything without it or trying to make sure a client gets a fair and just sentence, there is always an aim and always a solution that is best for that client that we like to think we will give all to achieve.

We know drink driving cases provoke a whole range of strong emotions and there are few out there who think that drink driving is a minor offence. However, surely, if you had made a foolish error of judgement, you would want your point of view presented to the court in the best possible way? The consequences of some of the more serious motoring offences are entirely at the whim and discretion of a bench of magistrates who can only call upon a potentially narrow personal experience and a set of sentencing guidelines when making a decision that could be the difference between 6 points or a life altering disqualification. In other cases we present mitigation to persuade the court to impose a community service in place of a potentially life ruining prison sentence. 

The Institute of Alcohol Studies published figures in May 2013 (yet to be updated this year) stating that in the previous year there had been 54,936 findings of guilt for offences of driving etc., after consuming alcohol or taking drugs. That is a lot of people affected as a result. Of those findings of guilt a very small percentage will have been represented because they felt that lawyers couldn’t make a difference. We know different. We help hundreds of motorists each year deal with the prosecution they face by providing the best possible representation for them at Court and ensuring that their objectives are met, sometimes even bettered. We act professionally and in accordance with our clients' instructions regardless of the allegation and regardless of the plea.

Surely it is correct that our job is not to judge. Our job is to do whatever is lawful and in the best interests of our client whilst complying with our duties to the court and professional obligations. I like to think that we use those principles to fight the corner of our clients whatever their predicament.  Whether you are kind to lawyers is not really the issue. Are you being kind to yourself by making your mind up about a service that could help preserve what you have worked so hard to achieve and dismissing that option before finding out what it is all about? I say you are. It is worth calling us at Geoffrey Miller Solicitors at the very least for some no obligation free advice. It could be the difference. 

The first thing we do, let's kill all the lawyers. -William Shakespeare, Henry VI, Part 2

I remember when I went to a gold Duke of Edinburgh awards ceremony back in 2010. I was lucky enough to not only meet Prince Phillip but I also received a guided tour of St James’ Palace with my other half which was simply breath-taking. Sadly, however, we shared the day with another couple who, when they discovered I was a lawyer, said in unison without any qualms, “We hate lawyers!” I thought they were joking at first but soon realised they truly did despise my profession and as a consequence, me!

So what is it about us legal folk that makes us so unpopular?

I specialise in two areas of law that come in for a lot of criticism from the press and the general public so I suppose I experience a double whammy when it comes to trying to overcome preconceptions.

I established boutique personal injury law firm, JS Miller Solicitors, in 2001 when I had a strong desire to help those who could not help themselves to right a wrong. Since then I have helped countless clients achieve justice and supported them through when can only be described as horrific accidents and the devastating losses they can bring to the victim. That doesn’t stop some from brandishing me and my colleagues as an “ambulance chaser!” If only they knew the dedication, passion and hard work that is invested in our clients’ cases…

Then, in 2005, I was forced to expand into the area of motoring law due to my father, the founder of Geoffrey Miller Solicitors, unexpected ill health. I had dabbled in criminal law as a trainee solicitor but had chosen against working in that field mainly because of the unsociable hours and unpleasant clientele I encountered. (Being accosted at the police station by a client who wasn’t getting bail being a particular highlight!)

Even though I chose against a “life of crime” or at least, a career in the world of criminal law, I never once blamed the lawyers for their clients’ misdemeanours. Those who take the view that the lawyers who defend the accused are to blame for the alleged crime should go and live in North Korea where there is no such thing as a democracy! Don’t get me wrong, when I hear of murder cases and heinous crimes being tried at court, I get shivers like the majority. I have the natural reaction of putting myself in the shoes of the victims and feel blessed to have my family and loved ones around me, well away from anything like the horrors sometimes uncovered in court.

I would be far more horrified, however, to live in a country where the accused is denied representation or the right to defend themselves because the crime they are accused of is something the majority thinks is heinous.

In my motoring practice, I represent clients for offences ranging from causing death by dangerous driving to drink driving and minor motoring charges. I can understand why motoring offences get people hot under the collar but I can also understand my clients, some of whom suffer from addiction issues, or have simply made one off foolish errors of judgement. If ever I decided not to pursue a valid legal point or exploit a “loophole” in my client’s defence, because it would be seen by some as morally wrong, then I would be negligent.

Solicitors’ duties are defined by the Solicitors Regulation Authority:

You must:

1.    uphold the rule of law and the proper administration of justice;

2.    act with integrity;

3.    not allow your independence to be compromised;

4.    act in the best interests of each client;

5.    provide a proper standard of service to your clients;

6.    behave in a way that maintains the trust the public places in you and in the provision of legal services;

7.    comply with your legal and regulatory obligations and deal with your regulators and ombudsmen in an open, timely and co-operative manner;

8.    run your business or carry out your role in the business effectively and in accordance with proper governance and sound financial and risk management principles;

9.    run your business or carry out your role in the business in a way that encourages equality of opportunity and respect for diversity; and

10. protect client money and assets.

Nowhere does it state that the lawyer must decide who is truly innocent or what is morally acceptable and only represent them. 

My job is not to judge. My job is to do whatever is lawful and in the best interests of my client whilst complying with my duties to the court and professional obligations.

So next time you are tempted to think disparaging thoughts about my profession, remember this quote and take up your gripe with those who make the laws, not those who interpret them:

The power of the lawyer is in the uncertainty of the law.

Jeremy Bentham