My names's there. If you know a Hamza who's a solicitor it'll be me most likely. Make an effort, google or something. That's not the important bit it sounds petty.

I'm being serious. I'm not trying to make light of the crisis and current circumstances but while we're all on here justifying our role  as essential workers, doctors, nurses and police are sitting there doing the job and facing the public.

Either we're essential or we aren't. Either our job is something we can properly do on the end of a phone or it isn't. Either make your stand and refuse to attend or do a proper job. But we're often heard to be talking about our job protecting the vulnerable, so do it properly or not at all. I would estimate I intervene in a large proportion of my interviews, it might be because I'm a misery or because I don't want officers taking liberties with my client.

I can't do that if I'm not there.

I can of course tell my client 'go no comment' over the phone. But then when the officer reminds him/her  for the fifth or sixth time he/she may not get another 'opportunity' and 'it is just advice' and officer simply wants to find out what happened and all the other tricks who's there to support my client? Me on my sofa doing it by remote control?

As a colleague said (no I'm not naming her for your benefit), "has everyone forgotten why we're supposed to be there in the first place?"

Hamza Adesanu

(If that's of any consequence)

On ‎Friday‎, ‎27‎ ‎March‎ ‎2020‎ ‎20‎:‎42‎:‎14‎ ‎GMT, <markfmckeever@googlemail.com> wrote:

If you are going to contribute to the serious debate in this manner perhaps you could have the Integrity to identify yourself.  

Mark McKeever

Consultant Solicitor 

Birds Solicitors 

Mark

Sent from my iPhone

On 27 Mar 2020, at 19:27, Hamza Ade (via members list) <members@mail.lccsa.org.uk> wrote:



The interview bit is important. You might identify a need to change your advice based on the questions that are asked. Clients often complain about solicitors who just 'sat there' in interview and we've all seen interviews where this has happened in reality. This is also that in reality

I'm uneasy about just 'mailing it in' and there's a risk clients will get the wrong impression of a solicitor who couldn't be arsed to turn up.

I know measures need to be taken but congratulating ourselves for providing a half arsed service isn't it.

Take your wipes, wear a mask, carry gloves, make your checks, keep your distance. 

But short changing clients is wrong.

Next thing we'll be advising clients in court over the phone or even doing whole trials that way. Why not, it's no less difficult to arrange? Have your client on facetime, hook up his or her  phone to the court speakers. Do it all in your jim jams. 

Profitable but wrong

On ‎Friday‎, ‎27‎ ‎March‎ ‎2020‎ ‎16‎:‎19‎:‎16‎ ‎GMT, Debbie Hunt <dhunt@wiseman.co.uk> wrote:

I had an own client at Wood Green Police station this morning arrested for domestic common assault and breach restraining order.

I explained to the client on the phone  that neither myself or a colleague were prepared to attend him face to face in the present circumstances for obvious reasons  but that I was more than happy to advise and assist him over the phone/video.   I advised that if he wanted a solicitor in person there was nothing to stop him seeking advice elsewhere.   He said he was happy to deal with it over phone/video.

I then explained the position to the OIC who asked me what I was proposing.  I requested the custody record to be emailed to me and disclosure over the phone/email.  I requested that the interview be done through a video link of some sort.  The custody record was emailed to me within about 5 minutes and the OIC gave me verbal disclosure.  The OIC said there was “no facility” to conduct an  interview on phone or video link.  I challenged this but she said  that’s what she had been told by the custody officer whose name I made a note of I then spoke with the client over the phone  for 20 minutes  on a clear telephone line during which I gave legal advice and took his  instructions in just the same way as if I had been in the same room.   As a result of his instructions I advised we should proceed by way of a prepared statement and no comment interview.  Client agreed.  I then drafted a PS and spoke to the client again who approved it.    I then rang the OIC and emailed it to her with a request that it be read out in the interview and that I was on the end of a phone if client wanted further legal advice.    I  then had  a post interview consultation with the client who was happy with the way things had gone so far.   It all worked well with the cooperation of the OIC.  The only problem was that I was not in the actual interview – this could be solved easily with the goodwill of custody. 

I am now just waiting for a charge decision. 

Having spent nearly 2 ½ hours dealing with the phone consultations, statements, emails  etc with no  detriment to  my client  it would seem very “unjust” if we are denied a full fee for this work if we  can only claim for telephone advice.    So much for a  “Criminal Justice System “  ……

 

Debbie Hunt

Solicitor

Criminal Law Department

 

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