Organisation

The three firms studied were all centred on the organisational practice of discon­tinuous representation, which entailed clients being habitually dispersed between lawyers as and when it worked to the lawyers' convenience.

[Lawyer One] Right, we've got a trial on Tuesday. Brett Lee [client], assault. Audrey, do you fancy doing that?

[Lawyer Two] Yeah, sure, I don't mind.

[Lawyer One] Okay. Now, Laura - Youth Court?

[Lawyer Three] That's alright. As long as there isn't too much, I need to go early. I put it down as half-day.

[Lawyer One] There isn't much in, to be honest.

[Lawyer Three] That's fine then.

[Lawyer One] Great. Now, if I put Nadine [partner] down for the list. Audrey, ifyour trial goes short, will you be able to help Nadine?

[Lawyer Two] Yeah, sure.

[Lawyer One] Right, so that's Tuesday. Wednesday, how about the list?

[Lawyer Two] If my trial is short and I help Nadine then do it, that's three days in a row. I don't really want to do that.

[Lawyer One] Okay.

[Lawyer Two] I mean, if I need to then I will, I was just saying that I'd prefer not to.

[Lawyer One] No, that's okay. I could put you down for police stations?

[Lawyer Two] That's great.

(Ed, senior partner, Audrey and Laura, solicitors, Swining MacSage, OR)

Despite such forward planning, lawyers routinely picked up case files on the after­noon before or the morning of their having to deal with the client.

[Lawyer One] Right, so that's four overnights [Court Two], two in [Court] Three, then there's a couple in breaches [Court Eight], one in [Court] Six and in [Court] Seven. What do you fancy?

[Lawyer Two] I don't mind. Whatever's best for you?

[Lawyer One] Well, it makes sense if someone takes [Courts] Two and Three.

[Lawyer Two] I can do that.

[Lawyer One] Are you sure?

[Lawyer Two] Yep, that'll be alright. Which are they?

[Lawyer One] These ones. If I take the rest, and come find you when I'm done - these shouldn't take that long. Are you sure you're okay with all of those?

[Lawyer One] Yep.

(Catherine and Leland, solicitors, Radford Hope, OR - they brought a large pile of files, found out which court each was in from reception then divided them up in the foyer)

[Lawyer One] I am busy, if you're going to ask. Want to take something off me?

[Lawyer Two] That busy? Oh! God. I guess I could ifyou need me too it's just I'm snowed under myself.

[Lawyer One] I've asked Ben [partner] ifhe can come down to help. I've got far too much going on.

[Lawyer Two] What's Teresa [solicitor] doing?

[Lawyer One] She's stuck in a trial. If it's still going ahead.

[Lawyer Two] I mean, I've only seen one of my overnights, I've still got to see the other two. But it's not like I'm going to be here forever.

[Lawyer One] No, it's okay. I'll palm some off on Ben. In the meantime, I've got to go and see some of these.

(Leo, senior partner, and Ronette, solicitor, Radcliffe and Musk, OR - running into each other at court)

These lawyers, then, offered clients a fragmented service as standard. In the previ­ous section, lawyers identified this approach as functioning to the detriment of the lawyer-client relationship in two key ways: consistency and time.

Consistency

Clients would see several lawyers over the course of their case.

We make it clear in the initial letters we send out that the client cannot expect to be rep­resented by the same solicitor every time. It's just not realistic. We have to manage expec­tations because some of them come in thinking they should be able to see the same solicitor.

(Ed, senior partner, Swining MacSage, IC)

It was said that ‘regular clients' also accepted this approach. The following lawyers attested to this:

Some of the older ones, who haven't been in a while, don't understand. They expect per­sonal service. But most of those who are in here regularly understand; they just accept it, it's just how we do things these days.

(Leo, senior partner, Radcliffe and Musk, IC)

I popped in to try and settle him down, but obviously I can't reassure him that someone who picked up his file the day of the trial is going to do the best job they could. Because they're just not. But I tried to explain to him that we're professionals and that's our job. We're used to picking up cases and then getting straight on with them. I told him that I had to go to the Magistrates' Court now and deal with a bunch of clients who I'd never met before. It's just what we do; we're used to it. Most clients are used to it. But I can see why a person who doesn't know the law might not be overly convinced by that.

(Teresa, solicitor, Radcliffe and Musk, IC - at the Crown Court. The client had an anxiety disorder)

However, some clients did complain. The following exchanges - involving clients meeting lawyers for the first time in the Magistrates' Court cells, several hearings into their case - demonstrate such discontent:

[Client] I was telling the last solicitor that, and the one before.

[Lawyer] I know. But you have to listen to me now.

[Client] You're missing the point. I've had so many solicitors. I get sick ofhaving a differ­ent solicitor every time.

[Lawyer] Alright. But that's how it works.

[Client] Look, don't take this the wrong way but I don't know who you are and I still don't know what you're doing here. Who the fuck are you?

(Rene Farrell, client, and Teresa, solicitor, Radcliffe and Musk, OR)

[Lawyer] My name is Audrey, have we met before?

[Client] No.

[Lawyer] Why are you in today?

[Client] Where's my, are you a solicitor?

[Lawyer] Yeah.

[Client] I thought there was gonna be Swining MacSage?

[Lawyer] Okay. So tell me about your case.

[Client] Are you from Swining MacSage?

[Lawyer] Yes.

[Client] But you don't know what I'm in for?

[Lawyer] I haven't, couldn't read the papers.

[Client] The solicitor I had at the police station said she'd tell them.

[Lawyer] Who dealt with you at the police station?

[Client] Charlie [police station clerk]. Where's my normal solicitor?

[Lawyer] Who's your normal solicitor?

[Client] He's got glasses.

[Lawyer] Thomas [solicitor]?

[Client] Yeah. Where is he?

[Lawyer] I don't know. Why?

[Client] He helped me last time and I'd rather him.

(Audrey, solicitor, and Mark Waugh, client, Swining MacSage, OR)

Though some clients questioned the lack of consistency, most lawyers were able to placate them with ease, as shown in these extracts:

[Client] Have you actually read my file?

[Lawyer] Not personally, no. My colleague has though.

[Client] Okay.

(Cameron White, client, and Leland, solicitor, Radford Hope, OR)

[Client] Will you meet us here next time?

[Lawyer] Well, you might not see me. We don't work like that. You'll see whoever is free. We don't give personal service. No one does.

[Client] Oh, that's a shame but okay.

(Bob Massie, client, and Ed, senior partner, Swining MacSage, OR)

This inconsistency of representation went hand-in-hand with the lack of time law­yers afforded to clients.