Time
Most lawyers felt that they did not have the time to devote to clients. Across the firms, the consensus appeared to be that the lawyers' time was their own - thus, precious - and that clients wasted it.
Many lawyers were adamant that clients should be made to wait until it suited them, as the following quotes reveal:What, does he think I have nothing else to do apart from deal with him? I'll see him when I'm ready.
(Harold, partner, Radford Hope, IC)
Oh, let him wait. He usually keeps us waiting, anyway.
(Leo, senior partner, Radcliffe and Musk, IC)
I'm not going to wait around for them to turn up. Can't be bothered. I'm going back to the office.
(Laura, solicitor, Swining MacSage, IC - at the Magistrates' Court around eleven o’clock in the morning)
A large number of lawyers also displayed a preoccupation with time in regard to the amount they were willing to spend with clients, once they had decided to see them. Lawyers from Radical and Sausage Factory firms alike begrudged devoting more time to clients than judged to be strictly necessary. Clients frequently wanted more time than lawyers would accept, as shown by these examples in which lawyers bemoaned the demands of clients:
I could do without this today. I could do without all the tears and sob stories. You always get that with benefit fraud; they always have all these excuses, it drags on and on. They can never just accept that what they’ve done is a criminal offence and get on with it. I just want to tell them to hurry up!
(Maddie, police station clerk, Radcliffe and Musk, IC)
[Lawyer One] He got 12 months.
[Lawyer Two] Good, I’m pleased for you. He’s been a headache hasn’t he? Real drain on your time.
[Lawyer One] At least there won’t be any more phone calls for a while! I can relax now. No more excuses to think up [to avoid dealing with him]!
(Dick and Thomas, partners, Swining MacSage, OR)
Clients were often aware of the lack of time devoted to them and would sometimes complain, as exemplified by the following:
[Client] Where have you been?
[Lawyer] Where have you been; been so quiet lately!
[Client] No, not that.
Where have you been all morning. Radcliffe have chosen the worst possible day to slack off. You’re usually on the ball. But it’s 11.50 and you’ve only just come to see me. You’ve lost it Radcliffe.(Ed Manua, client, and Ronette, solicitor, Radcliffe and Musk, OR - in the Magistrates’ Court cells)
[Client] Right, I want to talk about what happened.
[Lawyer] We can talk about that again. Let’s just get today done first.
[Client] You never have time to talk to me. Always fob me off. Last one was the same.
[Lawyer] There’s just no need yet. We will send you a letter.
[Client] Always say the same thing!
(Kris Britt, client, and Shelly, solicitor, Radcliffe and Musk, OR)
Again, though, lawyers were usually able to pacify clients.
Despite this, it should be apparent that this organisational practice meant contact and access did not work for the clients. This demonstrated the lawyers’ disrespect towards their clients, a stance encapsulated by one solicitor, Audrey, Swining MacSage, and her reaction to a client concerned that she did not know his case. Audrey had not met the client before encountering him at the Magistrates’ Court, and had told him that she had not read his case and was too busy to spend much time with him prior to his first appearance. The client appeared scared:
[Client] Can’t I speak to someone from the office? Sending someone who doesn’t know anything about me, about my case! Where’s Dick [solicitor]? Can’t you ring the office? Can’t you get someone that I know?
[Lawyer] I shall go and find out where Dick is because, to be honest, I’d rather him have to deal with you, anyway.
[Client] To be honest, it looks like you don’t even care about my case.
[Lawyer] Excuse me! You don’t know how good I am or not.
[Client] But you know nothing about my case? Tell me I could go back to prison but you don't know my case? I want my solicitor, knows my case. Why did they send you, you know nothing about me?
[Lawyer] Well, that's not my fault is it?
(Michael Clarke, client, and Audrey, solicitor, Swining MacSage, OR)
Audrey grew increasingly frustrated as the client continued to complain, eventually raising her hand to indicate she was not listening.
After around three minutes of silence, the client left. Audrey drew a long breath before commenting:What an arse. I'm not going to deal with him, he'll just criticise me. I can't be arsed with people like that. I hate people like that, it really upsets my day.
(Audrey, solicitor, Swining MacSage, IC) This approach to contact and access should be recognised as emblematic of that taken by lawyers throughout the participant observation. Most lawyers were irritated by clients who wanted better treatment than they were receiving so acted in a manner that suggested clients got what they deserved, even though that was far from ideal.
When it came to contact and access, lawyers from all firms behaved disrespectfully towards their clients. They accepted organisational practices that precipitated ill-treatment of clients, expecting clients to accept them as well. As such, this participant observation data has provided a contrast to the formal interviews on the issue of behaviour in the lawyer-client relationship. This is addressed in the next section.
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