Judgment day

Looking back, my professional life as a solicitor was challenging and, on occasions, even exciting. I practised as a litigation solicitor and, subsequently, as a litigation partner specialising in civil and family litigation but with the occasional foray into criminal law. I am sure that all solicitors would identify with the description of their work as 'challenging', but could it really be described as 'exciting'? In my experience, I could answer, 'yes, often'.

Courts and corridors

My court experience encompassed the corridors and courts of the Royal Courts of Justice, advocacy in magistrates' courts, county courts and tribunals '“ and even stretched to exercising the (little known) advocacy rights of a solicitor before the House of Lords Appellate Committee on an application for permission to appeal.

So what was the challenge of litigation? Certainly, there was the opportunity to gather and assimilate the facts of any one case, coupled with the need to recognise that human nature often distorted those facts, be it innocently or otherwise. There was then the need to analyse those facts and to put them into logical order. Of course, the law had to be researched and applied to the evidence that had been gathered and then a case presented on behalf of the client. The opportunity for negotiation pitted me against other professionals, often with a satisfactory settlement being achieved. If no settlement, the preparation of the case for court tested my administrative skills, and the appearance at court was a challenge in itself.

As my professional life continued, I became involved in many associated activities, such as being a part of the local Law Society and teaching the skills of litigation and negotiation to new entrants to the profession. Yet, however much the adrenaline flowed in the early days of my career, as I approached 20 years as a solicitor it took an exceptional case to create that same buzz. Was there to be more of the same, or was there any other path to follow?

The suggestion came from a QC that I might consider applying for the position of a (then) Registrar at the Principal Registry, given that I had always maintained a family law practice throughout my career. My enquiry led to the reply of 'no vacancies', but I was asked whether I would consider an application to be a deputy district judge in the county court, exercising both civil and family jurisdiction.

I duly applied and following an interview, involving 'tea at the Lord Chancellor's office' at the House of Lords (very different from today's competition and assessment procedure), I began to sit as a deputy in 1994. I was appointed a full-time district judge in 2000.

Deliberations and decisions

Very quickly I found that my skills as a solicitor were put to good use. Preparation of cases is vital. It is necessary to absorb the information in the court file quickly, identifying the relevant issues among so many irrelevant ones. Important documents need to be prioritised and be to hand throughout the case. The organisation required in practice is just as essential as a judge.

There is the immediate intellectual challenge of identifying the area of law involved and, once the case has started, of eliciting the crucial facts of the case. Obviously, evidence must be absorbed with the assistance of the advocates who are appearing, or perhaps there is the need to take the more interventionist approach when there are litigants in person. Past experience of listening to clients or of appearing in court is invaluable when assessing the credibility of the evidence given.

The delivery of a judgment, usually immediately at the close of the case, that applies the facts to the law requires analysis, logic and order as well as the ability to present the judgment in an articulate manner '“ all skills that a solicitor will have acquired when in practice.

Every day is different, and every litigant is different. All aspects of human nature are present. The independence of being a judge, without the constraints of having to be concerned with obtaining clients, monitoring overheads and the ever-increasing regulation, is liberating. Yet the responsibility of the position, and its challenge, is constant.

For me, to practise as a solicitor was to have a fulfilling career in the law. To then become a judge was the pinnacle of that career. As is often said, it is 'the best job in the world'.