Judiciary risks ‘debasement’ without more solicitors, warns lady chief justice

City solicitors spend hours on pro bono work yet still do not believe they can find the time to get on to the judicial ladder. 

So claims the lady chief justice, who has warned that the bench risks become ‘debased’ without more solicitors stepping up.

Baroness Carr of Walton-on-the-Hill was speaking at last Thursday’s annual dinner of the London Solicitors Litigation Association (LSLA).  There are more solicitors in the senior judiciary than ever before, she told the event. With the appointment of Nicholas Tompsell, over 20% of Chancery Division judges are former solicitors.

But she added: ’I appreciate that those running busy City firms and those aspiring to make partner may feel they can ill afford to spare the time required to undertake shadowing, or fee-paid, part time judicial work. However, I know many of you are also committing to undertaking work pro bono.

’There are few public interests greater than the appointment of the very best legal minds to the bench. For some time now, London’s courts have had the gold standard. The judiciary needs solicitors like you to ensure that is not debased.’

Litigators also heard from LSLA president Nikki Edwards, a partner at Howard Kennedy, who unveiled the headline findings of this year’s annual litigation trends survey. 

Litigators were asked how they experience the pressure of litigation as an adversarial process, referring to deadlines, confrontation, complexity and volume. In response, 30% said they find it difficult and that the work has an impact on their mental wellbeing.

Asked about raising an issue concerning their mental health with others in their team if they were struggling and needed help, 20% said they would never do so. Forty percent said they would not feel comfortable doing so.

Over 70% of respondents said judges and arbitrators should have more regard to the wellbeing and personal circumstances of the legal counsel before them, particularly with regard to: setting deadlines; considering the tone and reasonableness of inter party correspondence; and manner of communication. 

On the topic of diversity in senior positions, 13% responded that gender parity between men and women will not happen in their lifetime, with 25% thinking it will take 15 years-plus.

Nearly six out of 10 respondents expect the litigation market to grow in the next 12 months. Class actions, ESG claims and claims related to artificial intelligence were cited as the key drivers.