Stateside lessons

Fortunately, the ever popular 'news in brief section' kept me up to date with all the significant developments, such is the global reach of SJ. It was perhaps a coincidence that last week John talked about our transatlantic colleagues considering our legal system as 'archaic' and filled with 'pomp and ceremony'. Having spent some time travelling in and around California this month, my passive recognition of the differences between us and our respective legal systems initially seemed to be quite stark. However, as the trip continued, I noticed worrying signs of alignment.

I'm no expert in comparative law and my limited knowledge of the US legal system comes primarily from expensive looking TV dramas and occasional sensationalised news stories of peculiar crimes. Spending a lot of time driving around with only a radio in the car for entertainment, I was struck by the number of radio advertisements for legal services.

I've not had the pleasure of watching British daytime TV for a while, but I suspect a number of dubious commercials continue for personal injury lawyers alongside the 'classier' Slater & Gordon epics. In America, however, the radio ads at least were brasher. Fixed-fee family lawyers, mediation services and creepy sole practitioners all compete for your attention and airtime.

The radio wasn't the only attention grabbing medium being utilised by progressive attorneys though. Roadside billboards declared in five foot high letters 'HALF PRICE LAWYERS' with even creepier looking folk leering down from an unflattering photo two storeys tall.
Is this the move towards commoditised services envisioned in the UK? If so, I suggest an eye-opening field trip to America for our thought leaders to have an insight into the profession's potentially gaudy future.

It wasn't, however, just the commercial services of legal professionals being touted across the airwaves and advertising spaces. The close relationship between law and politics is epitomised by the current midterm elections.

Any public role is seemingly up for grabs, with individual lawyers, supported by their electioneers, seeking votes for everything from 'school board' (and worryingly, 'water board') to sheriff, district attorney and even judge.

At first I thought it outrageous that judges should be voted on by the public, on a mission to fight crime and hand out heavy sentences. Maybe I have seen one too many TV dramas, but the potential for vote rigging seems high, especially in the smaller towns distant from Washington.

Returning to London in a mist of cold damp air and dark nights, I realised that where we once led the world on the provision of legal services, and educated on democracy, we are now losing our way.

The current situation surrounding the election of police commissioners is a small but not insignificant step closer to the election of judges. But what could go wrong, with a UKIP police chief and a judge who is elected on their radio voice and how photogenic they are? That could make up
a very different looking Supreme Court.

Kevin Poulter, editor at large

@SJ_Weekly

#SJPOULTER

editorial@solicitorsjournal.co.uk

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