0:00:02 > 0:00:03For almost 100 years,
0:00:03 > 0:00:06our justice system has been a hidden world.
0:00:06 > 0:00:11Cameras are banned in courts here. Much of the work goes unreported.
0:00:11 > 0:00:13Historically, our knowledge of this world
0:00:13 > 0:00:17has been based on TV dramas, artists' impressions
0:00:17 > 0:00:18and newspaper headlines.
0:00:21 > 0:00:23But now, for the first time,
0:00:23 > 0:00:25one legal institution has allowed the cameras in.
0:00:27 > 0:00:30This is the world of the barristers.
0:00:32 > 0:00:34The public want to know what we do.
0:00:34 > 0:00:36They are entitled to know what we do.
0:00:36 > 0:00:39And we feel we have a responsibility and duty
0:00:39 > 0:00:42to therefore inform the public of what it is we actually do
0:00:42 > 0:00:44as part of the administration of justice.
0:00:46 > 0:00:49For 15 months, we followed barristers as they worked,
0:00:49 > 0:00:51gaining an insight into our legal system.
0:00:54 > 0:00:56Although I personally enjoy being in court a lot,
0:00:56 > 0:00:58and I enjoy the applications etc,
0:00:58 > 0:01:02I don't think being in court is the place for a family
0:01:02 > 0:01:03if they can avoid it.
0:01:07 > 0:01:09The pylon cases relate to the fact
0:01:09 > 0:01:12that these pylons are sitting on people's land
0:01:12 > 0:01:13and instead of sitting on people's land,
0:01:13 > 0:01:15we've asked NIE to remove them.
0:01:15 > 0:01:19With thousands of cases going through the courts every month,
0:01:19 > 0:01:22and hundreds of barristers and solicitors,
0:01:22 > 0:01:24this series is a snapshot of their world.
0:01:36 > 0:01:39Our legal system is not just based in Belfast -
0:01:39 > 0:01:42it's spread across Northern Ireland.
0:01:42 > 0:01:47Judges, barristers and solicitors shuttle from court to court.
0:01:47 > 0:01:50Normally, your case is heard where you did your crime.
0:01:50 > 0:01:52So if you robbed a bank in Londonderry,
0:01:52 > 0:01:54your trial will be there.
0:01:55 > 0:01:58Mark Mulholland specialises in criminal law.
0:01:58 > 0:02:02He's one of 84 Queen's Counsel - they're the most senior barristers,
0:02:02 > 0:02:05handling the most complicated cases.
0:02:05 > 0:02:07I'm a Queen's Counsel.
0:02:09 > 0:02:13My role within that is that I would head up or lead the legal team
0:02:13 > 0:02:17in the most serious and the most complex criminal law trials
0:02:17 > 0:02:19that come before the courts in Northern Ireland.
0:02:22 > 0:02:24I enjoy being in front of a jury.
0:02:24 > 0:02:27I enjoy the advocacy that goes along with my job.
0:02:29 > 0:02:32I thoroughly enjoy the challenge that comes with presenting the case,
0:02:32 > 0:02:36preparing the case and delivering the representation
0:02:36 > 0:02:38to the jury and the judge.
0:02:39 > 0:02:41Ask the court officer, see what's going on.
0:02:41 > 0:02:44Head up...if you want.
0:02:45 > 0:02:46Part and parcel of that,
0:02:46 > 0:02:49not only in relation to the facts of any given case,
0:02:49 > 0:02:51but also the legal issues that arise,
0:02:51 > 0:02:56I find very interesting, intriguing, and certainly demanding.
0:03:00 > 0:03:02Mark has been a barrister for 20 years.
0:03:02 > 0:03:06During that time, he has represented many different clients.
0:03:06 > 0:03:08The people who walk through the court door
0:03:08 > 0:03:11are not always who you would expect.
0:03:17 > 0:03:18Trace that back to your man...
0:03:18 > 0:03:21'The classic perspective is, of course,'
0:03:21 > 0:03:24only the worst in our society come before the courts.
0:03:24 > 0:03:29Yes, I deal in cases with very serious criminal offences.
0:03:29 > 0:03:32I deal in cases with people who I represent at times
0:03:32 > 0:03:36and who admit to committing very serious criminal offences.
0:03:36 > 0:03:41Also, the IP address, as the expert had said, in relation to...
0:03:41 > 0:03:43'But at the other end of the spectrum,
0:03:43 > 0:03:46'if you think of the mother leaving her children to school
0:03:46 > 0:03:47'who inadvertently is distracted'
0:03:47 > 0:03:50for a moment by her child crying in the back seat,
0:03:50 > 0:03:53pulls out onto the Newtownards Road,
0:03:53 > 0:03:57pulls out onto the Lisburn Road, and knocks somebody down,
0:03:57 > 0:03:59and tragically kills them or leaves them badly injured.
0:04:04 > 0:04:07That mother is also the sort of person
0:04:07 > 0:04:10that comes before a jury in a crown court
0:04:10 > 0:04:13and in circumstances where the law now dictates
0:04:13 > 0:04:16that there is a maximum sentence, in a case like that, upon conviction,
0:04:16 > 0:04:18of five years' imprisonment.
0:04:21 > 0:04:24Here's someone who probably has never even had a penalty point
0:04:24 > 0:04:27in their life, so you get a broad range of people
0:04:27 > 0:04:29come through the doors of the court room in a criminal case.
0:04:33 > 0:04:38Really, your book and Guy Foot's book are really the two...
0:04:38 > 0:04:40Ciaran Hampson is a Derry solicitor.
0:04:40 > 0:04:43Today, he's going to the Lands Tribunal in Belfast
0:04:43 > 0:04:45for an unusual case.
0:04:46 > 0:04:49It's about property owners who say electricity pylons
0:04:49 > 0:04:51are devaluing their land.
0:04:51 > 0:04:55In England and Wales, there's a compensation process.
0:04:55 > 0:04:57So Ciaran's brought in the English lawyer
0:04:57 > 0:04:59who has written the textbooks on this issue.
0:04:59 > 0:05:03And he's using local specialist, barrister Mark Orr.
0:05:03 > 0:05:05We'll take the lift up - save the legs.
0:05:11 > 0:05:12When I was starting,
0:05:12 > 0:05:15very few people got involved in land law or commercial law.
0:05:17 > 0:05:20I was called to the bar in 1980 -
0:05:20 > 0:05:23at that time, there was a huge amount of criminal law.
0:05:26 > 0:05:30I had been quite good at land law, if I may say that, at university
0:05:30 > 0:05:32and I did a pupillage
0:05:32 > 0:05:36with one of the leading property lawyers at the time,
0:05:36 > 0:05:38now a senior judge,
0:05:38 > 0:05:41and then my practice went into land law.
0:05:45 > 0:05:48We're here to review what is called the "book of facts",
0:05:48 > 0:05:52which is the preliminary document prepared by the expert witnesses.
0:05:52 > 0:05:55The respondent in this case, NIE,
0:05:55 > 0:05:59has taken issue with the content of the book of facts
0:05:59 > 0:06:01as prepared on behalf of the applicants
0:06:01 > 0:06:03who are the claimants for compensation.
0:06:05 > 0:06:09The clients are people who have large pylons or power lines
0:06:09 > 0:06:11on their property.
0:06:11 > 0:06:13The leases for the pylons have expired.
0:06:13 > 0:06:16People can ask for them to be removed.
0:06:16 > 0:06:18But that's not very realistic,
0:06:18 > 0:06:20so there's a mechanism that's meant to be triggered
0:06:20 > 0:06:22to compensate the land owner.
0:06:22 > 0:06:26Thousands of these cases have been dealt with in England and Wales.
0:06:26 > 0:06:29But it's not so clear cut in Northern Ireland.
0:06:29 > 0:06:30It's a case for specialists.
0:06:32 > 0:06:33I would have a very wide practice -
0:06:33 > 0:06:37some barristers would do a lot of work
0:06:37 > 0:06:38for very few solicitors.
0:06:38 > 0:06:41I'm quite the opposite. I have worked for...
0:06:41 > 0:06:44There are approximately 320 solicitors' firms
0:06:44 > 0:06:45in Northern Ireland,
0:06:45 > 0:06:47and I have worked for over 290 of them.
0:06:47 > 0:06:50I would do a little work for a lot of solicitors,
0:06:50 > 0:06:52particularly in rural Ulster.
0:06:56 > 0:06:59The pylon case was adjourned for more research.
0:06:59 > 0:07:03It will be several months before the expert reports are ready
0:07:03 > 0:07:07and the first test case is heard in December 2013.
0:07:08 > 0:07:11Mark and Ciaran, like so many other lawyers,
0:07:11 > 0:07:14work on several cases at the same time.
0:07:14 > 0:07:15Like builders and plumbers,
0:07:15 > 0:07:18they need more than one project if they are to make a living.
0:07:18 > 0:07:21So they are meeting a client straight after the hearing
0:07:21 > 0:07:22at the Lands Tribunal.
0:07:24 > 0:07:28Afternoon, gentlemen - I think we all know each other?
0:07:28 > 0:07:34Ciaran Hampson, John Doran on behalf of the client BricKKiln.
0:07:34 > 0:07:36As we know, in this case,
0:07:36 > 0:07:38Derry City Council are claiming the right
0:07:38 > 0:07:41to deduct from BricKKiln
0:07:41 > 0:07:44or to withhold from BricKKiln money due and owing to it...
0:07:50 > 0:07:51This is BricKKiln.
0:07:51 > 0:07:54It's one of Northern Ireland's largest waste companies
0:07:54 > 0:07:57and it's been trying to get a client, Derry City Council,
0:07:57 > 0:07:59to pay an outstanding bill.
0:08:04 > 0:08:06We are on BricKKiln's waste management facility
0:08:06 > 0:08:08located down at Maydown.
0:08:14 > 0:08:16The waste management has evolved
0:08:16 > 0:08:20from the old methods of taking to landfill to now...
0:08:20 > 0:08:21The driver, today,
0:08:21 > 0:08:23is diversion from landfill,
0:08:23 > 0:08:25which is the complete opposite of what it was.
0:08:29 > 0:08:30The layout of the site primarily is dictated
0:08:30 > 0:08:33by the fact that we do not store waste outside -
0:08:33 > 0:08:35everything is under roof and processed under roof,
0:08:35 > 0:08:38hence the big sheds - the sheds are over 40,000 square feet.
0:08:38 > 0:08:40It helps environmental issues on the site,
0:08:40 > 0:08:43it manages dust, it manages odours
0:08:43 > 0:08:45and keeps us friendly within the area.
0:08:48 > 0:08:50Derry City Council withheld the money
0:08:50 > 0:08:55after an allegation was made about how BricKKiln was handling waste.
0:08:55 > 0:08:57But the police and Environment Agency
0:08:57 > 0:09:00found the accusation to be unsubstantiated.
0:09:00 > 0:09:03But two years on, BricKKiln is still waiting to be paid,
0:09:03 > 0:09:05so it's had to go to court.
0:09:13 > 0:09:17The Commercial Court handles disputes about money and contracts.
0:09:17 > 0:09:21All are important to the parties involved or they wouldn't be there.
0:09:22 > 0:09:25But it's not just businesspeople who turn to the law.
0:09:25 > 0:09:29At the other end of the spectrum are families.
0:09:29 > 0:09:32Orlagh McGahan specialises in children's law.
0:09:32 > 0:09:35One of her clients is a parent whose children are in care.
0:09:35 > 0:09:38Previously, the judge made an order
0:09:38 > 0:09:42saying when, where and for how long she could see the children.
0:09:42 > 0:09:45But for some reason, it isn't happening.
0:09:45 > 0:09:48After several weeks of exchanging written evidence
0:09:48 > 0:09:49and expert reports,
0:09:49 > 0:09:52the judge is due to hear the case.
0:09:52 > 0:09:56So Orlagh makes her final checks to make sure everything is ready.
0:09:56 > 0:09:59It's this laborious attention to detail and questioning
0:09:59 > 0:10:01that can make all the difference.
0:10:12 > 0:10:16I'm preparing the examination chief and cross examination of the witness
0:10:16 > 0:10:17for tomorrow's hearing.
0:10:19 > 0:10:22So I'm working through the reports that have been filed by the Trust.
0:10:22 > 0:10:24There's three.
0:10:25 > 0:10:28What I'm doing is looking at their conclusions
0:10:28 > 0:10:30and the reasons they give why they did something
0:10:30 > 0:10:33and looking back for the evidence as to...
0:10:33 > 0:10:35really, was that a good reason for doing it?
0:10:35 > 0:10:38Or are they trying to justify their actions now after the fact?
0:10:41 > 0:10:43I hate this type of preparation -
0:10:43 > 0:10:46this is my least favourite part of the case.
0:10:46 > 0:10:50I would liken this to revision for an exam.
0:10:51 > 0:10:53It's done the day before, in my case,
0:10:53 > 0:10:58and it will not end until this case starts tomorrow
0:10:58 > 0:10:59and then I'll really enjoy it.
0:10:59 > 0:11:02This part is the preparation - I absolutely hate it.
0:11:05 > 0:11:08I just want to pull out all of the small issues
0:11:08 > 0:11:11that really, in this case, point to the fact
0:11:11 > 0:11:14that the social workers have made the wrong decisions in relation to contact.
0:11:17 > 0:11:20The guardian is able to see the children love their contact,
0:11:20 > 0:11:21they really want to go,
0:11:21 > 0:11:24they rate themselves as ten out of ten excited about going,
0:11:24 > 0:11:27ten out of ten for being happy at contact
0:11:27 > 0:11:30and their mood only lowers when they have to leave.
0:11:31 > 0:11:33So did the social workers not speak to the children
0:11:33 > 0:11:35to find out how they were feeling?
0:11:36 > 0:11:39Now, unfortunately, it seems to have reached a point where...
0:11:41 > 0:11:44..they want to stand over their decision at all cost,
0:11:44 > 0:11:48which is disappointing to me, because it's not really about winning or losing the case,
0:11:48 > 0:11:51it's trying to find a better solution for the children
0:11:51 > 0:11:54and a court case is not really that solution.
0:11:58 > 0:12:01For many different reasons, legal cases can be unpredictable.
0:12:03 > 0:12:08For Orlagh, a batch of new reports surfaces at the last minute.
0:12:08 > 0:12:11Orlagh and her solicitor read through the night to check them.
0:12:11 > 0:12:15They are looking for any information relevant to their client.
0:12:15 > 0:12:18When, where and for how long she sees her child depends on it.
0:12:37 > 0:12:40The case is listed today at 12 noon for hearing.
0:12:40 > 0:12:42But I understand there's quite a number listed
0:12:42 > 0:12:45and I anticipate not all of the cases can be heard today.
0:12:48 > 0:12:51Interestingly, in the extra documents
0:12:51 > 0:12:53received late yesterday,
0:12:53 > 0:12:56my instructing solicitor spent a couple of hours last night
0:12:56 > 0:12:57going through those to find out
0:12:57 > 0:12:59was there any additional information that was relevant
0:12:59 > 0:13:02and some extremely pertinent information was in that,
0:13:02 > 0:13:05calling into question the role that the foster carers have taken,
0:13:05 > 0:13:07which is a large part of our case.
0:13:07 > 0:13:10So I have to make the application to the judge this morning
0:13:10 > 0:13:13that we haven't been given enough time to consider the documents.
0:13:15 > 0:13:17As a children's law barrister,
0:13:17 > 0:13:20Orlagh's job is not about winning or losing -
0:13:20 > 0:13:24she's legally bound to act in the best interests of the child.
0:13:24 > 0:13:27And courts have a presumption in favour of birth parents
0:13:27 > 0:13:30keeping contact with their children.
0:13:30 > 0:13:33In this case, Orlagh and her solicitor believe
0:13:33 > 0:13:36that an independent counsellor could make all the difference.
0:13:38 > 0:13:41OK - we were able to open several of the matters in front of the judge
0:13:41 > 0:13:44in relation to my application to adjourn,
0:13:44 > 0:13:47one being that we wanted an expert instructed for the mediation
0:13:47 > 0:13:50rather than the social work team that have been involved
0:13:50 > 0:13:53and that such a late receipt of these documents
0:13:53 > 0:13:56have meant that we haven't been able to properly consider them.
0:13:56 > 0:13:58I don't know if the case is going to run today -
0:13:58 > 0:14:00the longer we wait about and don't do it,
0:14:00 > 0:14:01the less time it gives us to run it,
0:14:01 > 0:14:03which means the longer we stand here,
0:14:03 > 0:14:05the less likely it is going to run, oddly.
0:14:07 > 0:14:09The case doesn't run.
0:14:09 > 0:14:12The judge agrees with independent counselling.
0:14:12 > 0:14:15Legal Services and the Health Trust agree funding.
0:14:15 > 0:14:18And Orlagh's hopeful the case can be resolved
0:14:18 > 0:14:19without coming back to court.
0:14:21 > 0:14:25What I want out of this case is that there is a solution.
0:14:25 > 0:14:27Maybe this work will make a solution come out of this.
0:14:27 > 0:14:29They'll be able to agree
0:14:29 > 0:14:31an appropriate level of contact for the children,
0:14:31 > 0:14:34and in effect, the court proceedings can just fade away
0:14:34 > 0:14:38because a solution has happened - that would be the ideal outcome.
0:14:50 > 0:14:52Accidents happen all the time
0:14:52 > 0:14:55and sometimes, there is someone to blame.
0:14:57 > 0:15:01Ursula Burns is a solicitor who specialises in workplace incidents.
0:15:01 > 0:15:03It's up to you, totally up to you,
0:15:03 > 0:15:05but we'd have to issue proceedings before...
0:15:05 > 0:15:07'Well, the cases that I'm involved in
0:15:07 > 0:15:11'are people who have accidents whilst they are at work
0:15:11 > 0:15:13'and come to me about the possibility
0:15:13 > 0:15:17'of taking a civil action against their employers.'
0:15:17 > 0:15:19Right, John - well, I'll close off the file then.
0:15:19 > 0:15:20I'll take no further action.
0:15:20 > 0:15:23'I try to explain to people when they come into me,
0:15:23 > 0:15:25'try to prepare them as if the case'
0:15:25 > 0:15:27was going to end up in court
0:15:27 > 0:15:30so while I try to do everything to avoid it going to court -
0:15:30 > 0:15:34in fact, about 80% of my cases don't actually go to court,
0:15:34 > 0:15:36they're settled beforehand -
0:15:36 > 0:15:39but it's only fair to prepare people that the end...the outcome is
0:15:39 > 0:15:41that it might well end up in court.
0:15:42 > 0:15:47Guy Nelson is a street cleaner. His union has sent him to Ursula.
0:15:47 > 0:15:51In November 2011, he suffered chemical burns
0:15:51 > 0:15:54when he was asked to clean up after a lorry accident.
0:15:54 > 0:15:56It's not just about the injuries -
0:15:56 > 0:15:59he also lost wages while taking time off work to recover.
0:16:01 > 0:16:04An employee of the company who owned the lorry
0:16:04 > 0:16:08dropped a pallet onto the ground and unbeknownst, I think, to anyone,
0:16:08 > 0:16:13the pallet actually contained some sort of chemical liquid
0:16:13 > 0:16:17which then splashed onto my client's feet.
0:16:17 > 0:16:20And despite wearing his company-issued boots
0:16:20 > 0:16:21and protective leggings,
0:16:21 > 0:16:25he sustained fairly nasty burns to both his feet.
0:16:26 > 0:16:30That's the photographs there. That's...pretty sore-looking.
0:16:30 > 0:16:31Do you remember when they were taken, Guy?
0:16:31 > 0:16:35This went on for months - this was away in...April.
0:16:35 > 0:16:40That was them starting to heal, that was in May.
0:16:40 > 0:16:44What happens now is we have instructed a barrister in your case,
0:16:44 > 0:16:45Michael McCrea...
0:16:45 > 0:16:49'Barrister comes in when I can't get the case settled.'
0:16:49 > 0:16:53If it becomes obvious that the insurance company, for example,
0:16:53 > 0:16:55are not going to pay, or they've denied liability,
0:16:55 > 0:16:58I would then send papers to Michael
0:16:58 > 0:17:00to get him to draft proceedings for court,
0:17:00 > 0:17:02either the County Court or the High Court,
0:17:02 > 0:17:05depending how serious the injury is.
0:17:05 > 0:17:06This case is complicated
0:17:06 > 0:17:09as the lorry owners and Guy's employers
0:17:09 > 0:17:12will question who is legally liable.
0:17:12 > 0:17:15They may also hope that Guy will give up.
0:17:15 > 0:17:19The barrister's job is to negotiate his way through the disagreement
0:17:19 > 0:17:21and bring the parties to a settlement.
0:17:21 > 0:17:25I've been working as a barrister for in excess of 30 years or so.
0:17:26 > 0:17:30You get quite a lot of satisfaction out of the job.
0:17:30 > 0:17:32No two days are the same.
0:17:32 > 0:17:34And you've got to be constantly on your toes, I think.
0:17:37 > 0:17:38Why law? That's a good question.
0:17:38 > 0:17:41I didn't want to do medicine actually,
0:17:41 > 0:17:43is the real answer to that,
0:17:43 > 0:17:45so the only other thing I could think of was law.
0:17:47 > 0:17:48Hello?
0:17:50 > 0:17:52No...
0:17:52 > 0:17:53'The emotive side of it
0:17:53 > 0:17:56'is not that relevant to the work that you are doing.'
0:17:56 > 0:18:00But you can appreciate that it's an underlying current in the case,
0:18:00 > 0:18:04but in the type of work that I do,
0:18:04 > 0:18:10the client simply wants advice and help and guidance.
0:18:10 > 0:18:13Not that often will they sit down
0:18:13 > 0:18:16and express their worries and concerns
0:18:16 > 0:18:19but you appreciate they're there all the time.
0:18:21 > 0:18:24Frequently, the barristers' negotiations will run
0:18:24 > 0:18:26right up to the court date.
0:18:28 > 0:18:31It's May 2013.
0:18:31 > 0:18:35BricKKiln has been trying for two years to get a bill paid.
0:18:35 > 0:18:37A judge is due to hear the case today.
0:18:37 > 0:18:39But it's not to be.
0:18:39 > 0:18:43The case we have listed is listed for three days of this week,
0:18:43 > 0:18:46but the defence have asked
0:18:46 > 0:18:48to bring an adjournment application this morning.
0:18:50 > 0:18:53Adjournments happen for all sorts of reasons.
0:18:53 > 0:18:57However inconvenient they are, they are a fact of the legal system.
0:18:57 > 0:19:01For BricKKiln, it's frustrating - it's got bills and wages to pay.
0:19:01 > 0:19:03They can't be out of pocket indefinitely.
0:19:06 > 0:19:08Over the weekend,
0:19:08 > 0:19:10one of Derry City Council's main witnesses
0:19:10 > 0:19:13had a major personal upheaval
0:19:13 > 0:19:16and an application was made to adjourn the matter.
0:19:20 > 0:19:25In a commercial case, if a client is deprived of income,
0:19:25 > 0:19:28it can have a very serious effect on his business,
0:19:28 > 0:19:32and the courts do their best and in the past few years,
0:19:32 > 0:19:35there's been a number of attempts by the Commercial Court
0:19:35 > 0:19:40to quicken things up - they have worked to some extent,
0:19:40 > 0:19:43but the court couldn't envisage
0:19:43 > 0:19:45what would happen in this particular case.
0:19:45 > 0:19:47Well...are you taking an opinion on this?
0:19:47 > 0:19:50Well, the figure of 135, that's their ceiling...
0:19:50 > 0:19:54Mark and Ciaran switch tactics. They have two goals.
0:19:54 > 0:19:56Secure a new court date for the case
0:19:56 > 0:19:59and try and get a part payment for the money owed.
0:20:03 > 0:20:06We are going to go and see
0:20:06 > 0:20:08if we can speak to the other side.
0:20:08 > 0:20:14I suppose find out what their stance is and deal with the application.
0:20:16 > 0:20:19Mark's client wants their case heard as soon as possible.
0:20:19 > 0:20:22He asks the judge to order Derry City Council
0:20:22 > 0:20:24to make an interim payment.
0:20:24 > 0:20:27His client can only wait.
0:20:27 > 0:20:33The judge disagrees, but he does set a new trial date for September 2013.
0:20:34 > 0:20:37But over the summer, the talking continues.
0:20:37 > 0:20:39The parties reach a resolution
0:20:39 > 0:20:42and Derry City Council finally makes a payment to BricKKiln.
0:20:44 > 0:20:48For Mark and many other barristers, this is a typical result,
0:20:48 > 0:20:51as the majority of their work settles outside the courtroom.
0:20:55 > 0:20:59The legal system is becoming increasingly computerised.
0:20:59 > 0:21:02But there is still a place for the mountains of paperwork that
0:21:02 > 0:21:04barristers handle.
0:21:07 > 0:21:09Mark specialises in criminal law.
0:21:11 > 0:21:17The bigger cases you'll find you maybe have ten or 12 files,
0:21:17 > 0:21:21or maybe more, so sometimes, a number of times, what tends to happen,
0:21:21 > 0:21:24the bigger cases, the solicitors deliver to your home.
0:21:25 > 0:21:29Just because of the sheer volume of paperwork.
0:21:33 > 0:21:37Barristers have to take whatever job lands on their desk.
0:21:37 > 0:21:39They can only turn down work
0:21:39 > 0:21:42if they're already booked or there's a conflict of interest.
0:21:43 > 0:21:47I represent everyone who I'm briefed to represent,
0:21:47 > 0:21:50my colleagues at the Bar do the same.
0:21:53 > 0:21:57We operate under the Cab Rank Rule, and the Cab Rank Rule is
0:21:57 > 0:22:01we take the next client, the next case that comes through the door.
0:22:05 > 0:22:07It's not for us to say,
0:22:07 > 0:22:10"I don't like that case," or, "I'll only do that case."
0:22:10 > 0:22:14We're there to represent everyone and that's the fundamental right
0:22:14 > 0:22:17of everyone in a democratic society, and we believe in that right.
0:22:19 > 0:22:23And when a barrister is sent a case they have to read it,
0:22:23 > 0:22:27research it, assess it and give an opinion to the solicitor.
0:22:28 > 0:22:31Mark's preparing for a tax evasion case.
0:22:33 > 0:22:37Before Mark steps into the courtroom his client is relying on him
0:22:37 > 0:22:38to have every angle covered.
0:22:43 > 0:22:46This essentially are the trial papers in this case,
0:22:46 > 0:22:48this is the charges at the outset.
0:22:48 > 0:22:53These are the various witness statements of the proposed prosecution witnesses
0:22:53 > 0:22:55who will give evidence in this case.
0:22:55 > 0:22:58Then, in addition to that, over here you
0:22:58 > 0:23:01have disclosure, and this is a list of all the other documentation in
0:23:01 > 0:23:06the case, that is not being relied upon as part of the prosecution case.
0:23:06 > 0:23:08We then have to cross reference that with
0:23:08 > 0:23:13the evidence of the witnesses and build a picture of trying to ascertain
0:23:13 > 0:23:17the full extent of the investigation and where there may be shortcomings
0:23:17 > 0:23:21in the investigation to challenge or test the prosecution case.
0:23:21 > 0:23:23So, having gone through all of that,
0:23:23 > 0:23:27what I then tend to do is take an art pad,
0:23:27 > 0:23:34a blank sheet of paper, and I start to set out, as I see it, a timeline
0:23:34 > 0:23:38on the day of the incident, the key area where the incident happens,
0:23:38 > 0:23:40the key witnesses who speak to that
0:23:40 > 0:23:44and then down here, mobile phones, who is linked to which mobile phone,
0:23:44 > 0:23:47and I start to build up a picture of this,
0:23:47 > 0:23:50this will be added to significantly over the next few days as I go
0:23:50 > 0:23:55through the rest of the disclosure and the rest of the case, as it starts to unfold
0:23:55 > 0:23:58and we put together in preparation for the trial next week.
0:23:58 > 0:24:01It's just something that I do, I tend to do it in every case,
0:24:01 > 0:24:03I find it to be of great benefit,
0:24:03 > 0:24:08probably absolutely illegible to anyone else
0:24:08 > 0:24:10but I can just about decipher my handwriting
0:24:10 > 0:24:14and I can work out what it is I'm referring to at any point in time.
0:24:14 > 0:24:17It gives me, if you like, a mind map of the entire prosecution case,
0:24:17 > 0:24:22and you find barristers going about with big suitcases filled
0:24:22 > 0:24:25with papers like this and many, many more boxes of papers
0:24:25 > 0:24:28and that is what we do on a day-in daily basis.
0:24:28 > 0:24:32And it's the preparation like this. Outside of court hours, at weekends.
0:24:32 > 0:24:34I spent all weekend at this,
0:24:34 > 0:24:37I spent another three hours at it today, I'll spend
0:24:37 > 0:24:40another hour or two tonight, and that's just the life of a barrister.
0:24:44 > 0:24:48Orlagh's back in court for her child contact case.
0:24:51 > 0:24:54Today, we're going back down to Newtownards Family Proceedings Court,
0:24:54 > 0:24:57the case that has been ongoing now for quite some time is
0:24:57 > 0:24:58back in the list again, for review.
0:25:02 > 0:25:08Previously, we had campaigned very, very hard to get
0:25:08 > 0:25:10the involvement of an independent mediator, who specialises
0:25:10 > 0:25:14with families, to try and sort out the situation that has arisen
0:25:14 > 0:25:17between the biological family, the foster carers and the children.
0:25:19 > 0:25:23We were successful with that, the mediator has been involved, and
0:25:23 > 0:25:27in fact we were told the mediation had gone reasonably well, and that
0:25:27 > 0:25:30the parties had come to agreement as to what contact should look like.
0:25:30 > 0:25:33That was on a Friday. Unfortunately by the Monday the foster carers
0:25:33 > 0:25:37had decided that they no longer wanted to agree to the agreement.
0:25:41 > 0:25:44The matter has been adjourned for the Trust to speak to
0:25:44 > 0:25:47the foster carers and today we'll find out if the Trust have done that
0:25:47 > 0:25:49and what the answer is.
0:25:51 > 0:25:55The reality is families in Children's Order cases are only there
0:25:55 > 0:25:59because things have broken down and they are past sorting it themselves.
0:25:59 > 0:26:03It falls to the judges and all the lawyers to find a solution.
0:26:03 > 0:26:06Many of these cases are legally aided.
0:26:06 > 0:26:12And there are plans that barristers like Orlagh will no longer be used.
0:26:12 > 0:26:14As far as I'm aware, the options for someone going forward
0:26:14 > 0:26:19if the recommendations are brought into place is that they can continue
0:26:19 > 0:26:23to get legal aid in certain circumstances, which will
0:26:23 > 0:26:24allow them to get a solicitor only,
0:26:24 > 0:26:27there'll be no barrister advice available.
0:26:29 > 0:26:31And that solicitor will
0:26:31 > 0:26:35get paid a set sum regardless of the amount of work required in the case,
0:26:35 > 0:26:39or, if they can't get legal aid, they will have to represent themselves.
0:26:41 > 0:26:45The main story really isn't about the barrister or the lawyer,
0:26:45 > 0:26:48because we will just pivot and we'll turn our skills
0:26:48 > 0:26:52into a different arena, and whilst it's disappointing to think
0:26:52 > 0:26:56that this skill and the expertise I have might not be used any more,
0:26:56 > 0:27:01to me this is really not about the barristers, it's about the families.
0:27:03 > 0:27:06But today it looks like Orlagh's case is making progress.
0:27:08 > 0:27:10It seems that the expert has been able to speak to
0:27:10 > 0:27:13the children for a couple of hours and explain to them
0:27:13 > 0:27:17what is going on, identify their concerns and the new agreement that
0:27:17 > 0:27:20has been reached and she indicated that she will be able to file her
0:27:20 > 0:27:24report on time and we should be back here in several weeks, having sight
0:27:24 > 0:27:27of the report to see if an agreement has ultimately been reached.
0:27:30 > 0:27:31Well, hopefully for us
0:27:31 > 0:27:34this should mean that this case is coming to conclusion.
0:27:34 > 0:27:36I'm really hopeful that the next time
0:27:36 > 0:27:38we come back that it's for a final order that's
0:27:38 > 0:27:41reached by agreement and that's me done. I'm out of the case.
0:27:53 > 0:27:55Next time on Barristers.
0:27:56 > 0:28:03The money is gone, the money is gone for a reason, the reason is ABC.
0:28:05 > 0:28:09For buyers like ourselves, we're going to have to pay for this
0:28:09 > 0:28:13for the rest of our working lives and we have nothing to show for it.
0:28:16 > 0:28:20Come November, it will be two years. I mean, they told us to do it,
0:28:20 > 0:28:25it happened while I was at work so I thought it was straightforward
0:28:25 > 0:28:26but...didn't work out that way