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Published Date: 03 April 2008
MANY peoples idea of what a lawyer does is based on what they see on TV or in films.
In reality, standing up in court, shouting ''Objection'' is just a tiny part of what the job entails.

A day spent with Falkirk-based Neil Hay may not have made me a legal
eagle but it did given a taster of what it's really like to be a criminal defence lawyer.

A solicitor since 1995, Neil graduated from Dundee University with an MA in history and politics, before completing a two-year postgraduate course in law.

A further two years as a trainee with George More & Co. in Edinburgh followed and he has been with MTM Defence Lawyers, based in Falkirk, since 2000, becoming a partner in 2001.

Neil said: "The thing I like most, and I really mean it, is the variety.

"There's an element of routine, as there is in any job, but, genuinely, no two days are the same.

"If someone asked me what you need to be a lawyer, I'd say you need to be confident and highly organised to deal with all the cases – there
are lots of time limits which you need to be aware of.

"It's the kind of job you have to enjoy though, otherwise it would be too stressful.

"You have to enjoy meeting people and meeting the clients."

Neil is also one of three solicitor advocates in the Falkirk area, which means they have "extended rights of audience" and can represent clients in the High Court, Appeal Courts and House of Lords.

One myth Neil is keen to dispel is that criminal law is just for the bad guys.

He said: "Clients can be anyone's father, daughter, sister or brother.

"In their lifetime, almost everyone will need criminal law advice, whether it's for driving without insurance or because their child has been caught shoplifting.

"People are just an accident away from needing a lawyer – if you're driving while on your phone and you knock someone down, all of a sudden, it's a charge of death by dangerous driving, and you can end up in jail.

"Plenty of straightforward, hard-working people need help because life just throws things at them."

Once in court, Neil has two cases before the sheriff.

One is an intermediate diet for an upcoming trial, but a lack of witness statements means that it is delayed for a second time.

Neil said: "It's really frustrating when this happens, because, even when you've prepared for a case for one day, if it doesn't go ahead, you then have to prepare for it again."

Next up is a case in which a charge facing a client has been wrongly worded.

After challenging it in court, Neil is pleased when the Procurator Fiscal decides to drop the charge.

He said: "If you have a particular aim in mind with a case, it can be really satisfying when that happens.

"At the end of the day, it's just me in court.

"The prosecution have endless resources and countless prosecutors.

"When you succeed in overcoming that, it's a significant achievement, because you're not meant to win."

But it's not just about standing up in court.

Being a lawyer means you are on call pretty much 24/7.

You also have to deal with phone calls from concerned relatives at any time of day or night.

And, if someone has been arrested over the weekend, they also have to be seen before they appear in court on a Monday morning.

Dealing with some of the more sensitive cases can be a challenge.

Neil said: "If you spend too long thinking 'what if this happened to my family', it would be too difficult.

"Helping people is part of my job, no matter who I have in the office – parliament says everyone is entitled to legal representation.

"I may not like the kind of charges someone faces, but it's not up to me to say whether they've committed them."

According to Neil, there are three types of cases he deals with.

He said: "Lots of people say 'I didn't do anything, get me off'.

"Other people say 'I did do something but not all of it.'

"Thirdly, there are a lot of hard luck stories out there – people who have done things which are out of character when under pressure.

"We have a professional obligation to be truthful and honest with the court.

"My job isn't to believe or disbelieve what a client tells me – it is
to be the client's advocate and present their position to the court.

"I have to present the evidence and the sheriff has to decide if they're telling the truth or not."

j.marjoribanks@falkirkherald.co.uk

The full article contains 794 words and appears in n/a newspaper.
Page 1 of 1

  • Last Updated: 03 April 2008 12:02 PM
  • Source: n/a
  • Location: Falkirk
 
 
  

 
 

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