Knowing when to shut up

What, I wonder, are the expectations of clients about to meet "counsel" for the first time?

I suspect that the main, pretty obvious, expectation is that the barrister will be someone who will SPEAK on the client's behalf in court.

One of the first things I do, therefore, is to let my client know that it is not just knowing when to speak; it is knowing when not to speak. "A good barrister knows when to shut up" is a line that many of my clients have heard.

Promoting a client's case fearlessly means being prepared to say what may be embarrassing, provocative or even destructive. It means being prepared to persuade a Judge to do the opposite of what the Judge has indicated he is highly likely to do.

But the word "fearlessly", in my view, does not merely refer to fear of the judge or the other side. It also refers to fear of the client. And it is sometimes tempting to say something in court to please the client but which will not actually help them to pursue their objectives.

So I make it my business to warn the client in advance that I will speak if I think it is necessary to advance their case. But I will not automatically rebut any adverse comment made against them. Here I am fond of using the term "keeping powder dry".

Provided that I've explained this to the client before going in, the chances are that I won't have a client who leaves court wondering what on earth the point of having a barrister was!