Chapter 25 On being led as Junior Counsel

At the Bar of England and Wales, most advocates who are not in Silk are called ‘junior counsel'. To be ‘in Silk' means to have been called forward to the front rank of the Bar by the Queen to become one of Her Majesty's Counsel.

A QC will usually lead a Junior in a case.

As juniors proceed through their careers, there often comes a time when they are sufficiently senior that they too will lead someone more junior to them, often shortly before they also become a QC.

To lead a Junior is to be a ‘Leader', whether as a Senior Junior or as a QC.

In other jurisdictions, the advocate who is led is often called ‘co-counsel', while the Leader is often called ‘leading counsel'.

This chapter concerns what is usually expected by a Leader of the Junior he leads.

I am writing this as no one ever told me what was expected, and I could really have used a heads-up - so I figure you might welcome what follows.

The first rule - and it's a big one - is UNDERSTUDY.

You are not a secretary to a Leader, filing paperwork but inactive. You are not a like a ‘second’ in a duel, handing over the pistol and picking up his body afterwards.

You are an understudy.

You understudy everything in the case.

You must be ready to step in at a moment’s notice to replace or supplement the Leader. You need to know everything your Leader thinks, where everything is in the papers, and constantly to be imagining, both:

‘-what will he do?' and ‘-what would I do?’

This means that the second rule is DO EVERYTHING.

This means you prepare the schedules of evidence, read the unused material, sketch out the examinations of the witnesses, cross-examinations, write up skeletons, outline speeches, keep a note of what happens in court - it's a big job - sure, your Leader will do much of the same, but you shadow him, do everything alongside - and above all, you try to do it all more thoroughly.

Sometimes you will be assigned a specific task - great - but your work does not end with that task!!!! - you do everything else, whether asked or not - basically, you work yourself senseless.

The third rule is COMMUNICATION.

Be available - on the phone, reply to emails, stop by his desk - keep a flow of communication going - do not send emails or agree matters without his input - run everything past him - you want to know what is in his mind, and you want him to know what is in yours - you will try the case together - though he will do most of the courtroom presentation, just like being the actor on stage, while you hover in the wings, ready, ready, ready.

The fourth rule is HELP.

It's a simple concept - you help your Leader - you offer suggestions, identify what the Leader may have missed, prepare examinations of witnesses, offer discreet correction if the Leader is mistaken on the facts or law - basically, you make sure the Leader misses nothing, and gets everything right.

And pleeeeaasssseee.... DO NOT WAIT TO BE ASKED - get on with helping - think for yourself - ask yourself, what needs to be done - your Leader is not strictly your ‘boss' - you are in a partnership - you do not hide and await instruction - instead, you seek it, you embrace guidance, you look for assignments.

You are in a relationship during the case. It is intimate and intense. While I mean this professionally, you are in bed together.

The fifth and final rule is a big one too - LOYALTY.

Being an advocate is competitive. We are often only as good as our last case. We cannot be complacent. We must constantly strive to improve, and get stronger at our art. We compete with each other to garner a reputation for being better than those around us.

But do not do this with your Leader. You are working together.

Your Leader will often miss something - do not embarrass him, or gossip behind his back, or jaw-droppingly correct him in conference. You too will often miss things, and a good Leader will not embarrass you or gossip about you - instead, a good Leader will rescue you from your mistakes, always taking responsibility for them in his own name - so show loyalty, in the way your Leader ought to show it to you.

Do not show him up in front of the client, or judge, or in front of other counsel.

Ever.

Sometimes your Leader is rubbish - expecting you to do everything, paying no attention to the case, weak on the law, lazy, and maybe a bit past it.

If this occurs, you have a duty to your client, and to your instructing solicitor, to report your unhappiness with the Leader.

This does not happen often.

If it does, consult others first, in the robbing room, and among your seniors in Chambers.

If persuaded there is a problem, then raise it first with your Leader. Do not silently assassinate behind his back. Be honourable. Explain your concerns, show evidence, ask for reassurance. If unpersuaded, then consult seniors again. Only after, then you may act, but not before. And always with warning that you will do so.

This is simply proper professional courtesy.

So how does all this work - sometimes, it may seem as if you are doing everything and your Leader nothing - not so! The Leader was once a junior, and you can rightly expect the Leader to do pretty much everything too - indeed, you will miss material, it's guaranteed, and the Leader’s experience ought to catch what you miss - and you may follow blind alleys, which again the Leader’s experience ought to help set straight.

When working with a Leader, it is a great opportunity to learn, from one who is more experienced. Cases with leaders are usually complicated, which is why a junior is required - so there is an opportunity to do work well above your pay-grade. If you try to do everything, then you will better understand what the Leader does, and why, and ready yourself for more complicated work, advancing yourself toward in time being a Leader too.

What being led should not involve is being a passenger, sitting open­mouthed behind the Leader, with a vacant mind, simply counting the fee each day in court brings - that is being a parasite, not an advocate - no, no, no - you are his wingman, and together you head into courtroom battle - you need to know how to fly, and to try to fly as well, if not better, than him.

Remember, if he falls ill, you’re on - so be ready.

Above all, enjoy being led - if you follow the five rules, your advocacy will improve - and even better, your Leader will mention you to other leaders, and will probably ask for you again.