When I was at law school, I spent the long vacations working in a law firm. I landed up working on criminal defence teams. The clients varied, from a person accused of importing a few tonnes of cannabis to armed robbery, and everything in between.
I found this experience formative for my switch to lobbying.
Why are the accused convicted
A client is convicted for these main reasons:
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The defendant is guilty
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The preparation of the defendant’s case is poor
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The evidence does not support the defendant’s case
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The defendant’s legal team is weak
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The prosecution’s legal team are very good
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If the defendant goes into the witness-box, he is so unconvincing the jury will convict
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The defendant is accused of a crime that the public mood is very much against
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Rarely, there is a miscarriage of justice
For example, in the cannabis importation cases, his defence was that the large amount of cannabis was for personal use. His barrister got him off the importation charge . The jury was persuaded that a man will smoke a few tonnes for recreational use. He still went away for a few years on the charge of possession. The judge took a dimmer view.
1-6 are the most common reasons for conviction. 7 happens. 8 is rare.
The role of the lawyer and lobbyist’s roles is similar
After law school, through twists and turns, I have landed up prosecuting and defending cases as a lobbyist. The lessons from working in criminal law are still valuable.
In the English legal system every accused person deserves a defense. This teaches you to separate your personal view points from the issue you are working on. I think this is useful mindset. I realise most people disagree with me on this. I find emotions cloud judgement and leads to rash decisions.
Does your case add up
Sometimes, the evidence given to you to work with does not add up. However much you prod, you can’t get anything strong enough. Here it is important to let your client know that you don’t think co-legislators or officials will be persuaded by the case you are putting forward.
Procedural rules are vital
Just as a lawyer, it is important to exhaust the procedural rules to defend the interests of your client. Don’t overlook them. admittedly, you’ll need to crack open the Rules of Procedure of the European Parliament, Commission and Council. I have found it a very useful avenue to pursue.
Over-prepare
Too often the preparation is weak. If done well, your client will go in knowing not only their case, clearly and succinctly,and knowing the answers to the questions they need.Like a good trial lawyer, they’ll have mastered for the day in court the technical and scientific evidence, and can talk about it clearly, concisely and maybe even eloquently.
You need to have the evidence to make your defence
Sometimes the evidence the defendent puts forward does not respond to the charge. Sometimes the evidence people put forward is only the evidence they want to put forward. Sometimes, you need to dig deeper, and put forward the evidence the court needs to hear. As in some trials, the accused can prove their innocence by reluctantly producing the evidencet hey were, for example, having an affair at the time. In this case, whilst the truth may be revealed and innocence found, the repercussions may be tough.
You need the best defence team you can afford
Sometimes you’ll go up against the very best in your field. Sometimes the prosecuting barristers just outclasses you own team. This will happen. Sometimes the officials or advisers who you are up against are simply more experienced and know how to get what they want. The only alternative is to get the best team you can afford.