Tag: Horizon Computer

Law, Uncategorized

Why do Lawyers ask their Clients to Plead Guilty Even When They are Innocent?

bruceandholly

A feature of the UK’s post office horizon computer scandal is the number of sub-postmasters whom, on their lawyer’s advice, pleaded guilty to fraud that they didn’t commit.  We know now that the fault lies entirely within the Computer System within which those postmasters were instructed to work, which generated shortfalls on their account, for which those postmasters were unfairly blamed and in many cases prosecuted and convicted.  Even if you are innocent, as we know that those postmasters were, how can you defend yourself against false accusations when even your own lawyer insists that you should plead guilty?

Of course, if you are a defense lawyer, it makes your own life a lot easier if you have a client who pleads guilty.  It means that you don’t have to agonise over what questions to ask a prosecution witness.  Instead, you simply accept what the prosecution says.  There is no reputational risk for yourself, because your innocent client has already thrown in the towel.  So it’s now just about making a 20-minute plea in mitigation to try to keep your client out of prison.

But even if your now ‘guilty’ client escapes a prison sentence, they are still going to have a criminal conviction hanging over them.  That itself is a life sentence because it is always going to come up whenever you apply for a job.  Forget the Rehabilitation of Offenders Act 1974.  That doesn’t even apply if a prospective employer carries out an enhanced check with the Disclosure and Barring Service (DBS), which will even throw up a police caution, no matter how long ago.

If I was up on a false charge, I would want a lawyer who will fight tooth and nail to clear my name.  Not someone who shakes their head and tells me to plead to something I didn’t do.  I can do that for myself.  If you don’t have the stomach to fight my case, then please refer me to someone who will.  Yes-I know that if I plead not guilty and get convicted by a jury, I will get a more severe sentence.  But my good name is more important to me.  Whatever happens, I would never regret my not-guilty plea.

By clicking submit, you agree to share your email address with the site owner and Mailchimp to receive marketing, updates, and other emails from the site owner. Use the unsubscribe link in those emails to opt out at any time.

Processing…
Success! You're on the list.
business, job; career; money; raise; pay; increase, Law

£648K for doing your job

bruceandholly

How would you like to earn £648,000 just for doing your job?  Well, that’s the average Eversheds paid to each member of its LLP up to the year ending 30 April, 2023, according to the Law Society Gazette.  And that’s just the average.  The highest paid member of Eversheds LLP received a cool £3.1m in the same year, up from £2.3m in the previous year. Of course, most lawyers don’t earn £648,000 a year, even those who are at the top of their game.  In fact, if it’s money or after, you may be better off applying to be a London tube driver.  They earn an annual average wage of £59,000.  With overtime, you might even top £100,000.  And they are still going on strike for more!

Young publicly funded barristers, barely scraping the national minimum wage, would envy that kind of money.  No wonder, they also went on strike in 2022.  So why do we do it?

Maybe it’s not just about the money.  Maybe you don’t fancy driving down long dark tunnels in isolation in the early hours.  Maybe you want a job where every day is a little different and where you can act on your own initiative.  If so, you’ve come to the right place.  Let us introduce you to the world’s most exciting profession.

Lawyers have existed since the beginnings of civilisation.  It was lawyers who created our system of common law.  Our unwritten constitution.  If you get caught up in the criminal justice system, it may be the skill of your lawyer which determines whether you will be acquitted or possibly convicted, even for something which was not your fault.  Don’t think that because you are a law-abiding citizen you can’t be caught up in the criminal justice system. Tell that to the 736 sub postmasters who were wrongly prosecuted as result of the defective Horizon Computer. Tell that to the 78-year-old pensioner, who was arrested for murder after a burglar had died breaking into his house.  So what makes a good lawyer?

It Is not just about knowing the law.  Anyone can do that.  It is more about your attitude.  It is primarily about your enthusiasm for what you are doing.

Enthusiasm is contagious.  Clients will sense it.  They will know that you are the right person to look after their interests.  Enthusiasm means that you don’t mind putting in the hours to get the right result.  Enthusiasm means that you will take the trouble to develop the best working relationships, not only with your clients, but with everyone else with whom you deal in your work.  Enthusiasm means that you will not cut corners.  Is that you? Then you should think seriously about a career in the law.  That career could be more accessible than you might think.