There is very little about the practice of law that is secret.
Everything from the showy outfits to the stage-managed process of a hearing, smacks more of entertainment than of serious proceedings determining people’s rights.
The barrister thrives on making lasting impressions, first on his client, then on the Court and why not on the general public while he is at it ?
High profile cases and trials attract tremendous attention and fascination. The glare of the media accompanies the counsel and his client every step of the way (literally) throughout the duration of the hearing. Although court activity is not (yet) filmed or recorded, minute by minute coverage of proceedings is eagerly awaited and provides a ready source of running commentary to the media.
All too often, the assumption that a lawyer should have the gift of the gab and be a natural orator follows him outside the courtroom, into society, the political arena and beyond.
Indeed, the larger than life persona of the stereotypical barrister is what inspires young school leavers to join the profession after arduous and nerve-wracking academic ordeals.
So much for the showmanship and bravado … we get this.
What we are less interested in, is the 90% of the profession who do not match the above description and who strive to earn a living in the penumbra of the spotlights.
The vast majority of lawyers make a name for themselves in the discretion of their chambers and offices. This is where they will require to make their clients feel comfortable enough to volunteer giving critical, sensitive and often very personal information about themselves – for is it not the first role of the lawyer to fully understand his client’s situation in order to provide him with impartial legal solutions ?
Arguably, a good listener makes a better lawyer than an eloquent orator. Indeed, the diligent lawyer needs to be attentive to every word spoken by his client , not only to make sure that he has fully understood what is required of him, but especially to be able to formulate these words (known as “instructions” in the jargon) into legal arguments. And of course, along with the spoken words of the clients, will be the hidden messages that the lawyer will need to decipher – like the emotional quotient attached to the facts, the body language which may betray half-truths, the convenient diversions to sugar coat one’s weaknesses etc.
And there is empathy that needs to be shown and expressed in the right measure, without espousing the full force of the client’s emotional baggage. Here the lawyer walks on a tight rope. The client’s decision on his choice of legal representation will all too often be based on the lawyer’s initial response to the distress of the client.
All in all, when a lawyer accepts to represent a client, he is actually committing himself to looking at the problem through the client’s prism. How he manages to explain legal impediments and overcome obstacles will define his legal acumen.
It is not surprising that once the lawyer becomes the recipient of his client’s problems, he will end up wearing a number of hats depending on the circumstances – these include being a BFF, a confidente, a psychologist, a mediator or a priest in confession. These are all of course very unconventional roles , which all barristers end up owning to at some point of their professional careers.
Finally, and most importantly, is the long hours a lawyer has to spend on his own to think, ponder, meditate, ruminate, debate and extrapolate. This will be accompanied with substantial research into the law and legal materials. It is only at the end of a very long and elaborate process that most solutions appear.
So, here is the news about the work of a barrister – what we all consider to be a very public affair is in fact, one of the loneliest professions there is !!