Q
How do you read a criminal file for the first time?
A
I start with the charge sheet and whatever disclosure has arrived, even if it is incomplete. I write a chronology on a single sheet and mark what is agreed, what is disputed, and what is missing from the prosecution bundle. I note each document's date and source. Only after that do I conference the client, so the meeting is about testing the account against the record rather than collecting facts for the first time.
Q
How is a defence position tested internally?
A
Another lawyer in the team reads the chronology cold, without the client's name attached, and asks where the account is weak or where a document contradicts the client's sequence. We adjust the note before any representation is sent. If the weakness cannot be addressed with further disclosure, we record that in the attendance note so the client understands the limit of the material available.
Q
What does an expert report change?
A
It can establish a technical fact the lay client cannot speak to — for example a medical or accounting conclusion. It does not replace the client's account of what happened on the day in question. Counsel still has to explain how the report fits the charge and whether it is admissible. We commission reports only when the facts require one, and we tell the client what the report can and cannot establish before it is ordered.
Q
How is a client prepared for the witness box?
A
We explain the order of questions, the right to ask for documents to be shown, and that they should answer what they remember without guessing. We do not rehearse answers. We may walk through the courtroom layout and identify who will be present. The aim is to reduce surprise, not to script testimony.
Q
What happens in the week before a hearing?
A
Written submissions are finalised, exhibits are indexed and paginated, and the client is told who will speak and when. Counsel reads the prosecution bundle again for any late disclosure. A short conference confirms travel, dress, and arrival time. Nothing new is added to the factual account at this stage unless fresh disclosure requires it.
Q
How is a matter explained to a family?
A
In plain language, with a written summary of the next date, what will happen in court, and who may attend. We do not discuss the merits of the case in correspondence with family members unless the client has authorised it. Confidentiality applies to everyone connected with the file.
Q
What do you tell a junior on their first mention?
A
Read the court list the night before, arrive early, and have the bail position and the next date request written down before you stand up. Address the judge formally, speak only when asked, and take a note of every direction. If something is unclear, ask for it to be repeated rather than assuming.
Q
How are representations drafted?
A
One issue per paragraph, each tied to a document in disclosure or to a gap in the prosecution chronology. No rhetoric. The tone is factual. Representations are sent when the material supports them, not as a default step on every file.
Q
When is a plea discussed?
A
After disclosure is sufficient to advise on the statutory range and on the strength of the material. The client is given time to read the advice note. No decision is recorded until the client confirms they understand the procedural consequences of each course.
Q
What goes into an attendance note?
A
Who attended, what was said, what documents were received, and the next step with a date. The note is written on the day of the conference or court attendance. It does not include speculation about outcome.
Q
How is confidentiality maintained?
A
Files are on a restricted drive. Only those working on the matter have access. E-mail about the matter uses the practice domain. Devices are locked when unattended.
Q
When is a matter referred out?
A
When there is a conflict, when the expertise required is outside the practice, or when the client asks for another firm. Referral is recorded in writing with the client's consent.
Q
How do you handle late disclosure?
A
It is indexed immediately, the client is told what arrived, and if the trial date is affected we apply for an adjournment with reasons. The chronology is updated before any further representations are sent.
