Lawyers being bullied by ‘cold and cruel’ judges still a thing: ‘Judge-itis is a modern day hangover’
Many lawyers are still being bullied by judges, according to a retired senior magistrate.
Nigel Lithman QC dedicates a section in his upcoming book to so-called “judge-itis”, the nickname in the legal profession for advocates who are bullied by members of the bench.
While not prevalent or an “epidemic”, Lithman – who retired in August after four years as a judge following on from a career as a criminal barrister – said: “It does still exist and it is unacceptable.”
Lithman suggested the bullying took place “no doubt through reasons of feelings of inadequacy themselves or that somehow they haven’t risen sufficiently high in their own careers and have to let it out on someone”.
Describing it as a “modern day hangover” from the so-called hanging judges of the past who were seen as “cold and cruel”, he added: “There is no need for it. And so, these judges, they know who they are, they must stop it.
Lithman said Nothing Like The Truth: The Trials And Tribulations Of A Criminal Judge, which was published yesterday, is a humorous “warts and all” look at life in the criminal courts, discussing the “rich seam” of experiences encountered as he rose through the ranks, tackling controversial and comical subjects as well as the serious, hard-hitting cases he was faced with.
He said: “I was able to deal with issues that most people hadn’t dealt with or hadn’t been dealt with before, issues of some controversy, such as the presumption of innocence, how judges and barristers see defendants, whether there’s cynicism and whether a defendant can have a fair trial, the issue such as judges in lockdown, if judges bully counsel, mental health in the legal system and wellbeing.”
Lithman, who dealt with more than 100 murders during his career among a string of other serious cases, draws on gallows humour to tackle difficult topics, which he said is often needed because courts are “desperately sad places”.
Cases that stood out
Two of the cases which stick in his mind when working as a defence barrister were that of Petrina Stocker, the mother who was jailed in 2005 for killing her seriously ill son by spiking his hospital drip with salt, and – due to its “sheer horror” – that of David Oakes, who was given a whole-life sentence in 2012 after torturing his ex-partner before shooting her and their two-year-old daughter dead.
He said the criminal court is a “bizarre scenario” and being there is often someone’s “worst nightmare”, adding: “In 100% of criminal trials, someone, if not everyone, tells lies and if it wasn’t for liars, there wouldn’t be trials.
“You have the whole range of human response in the courts.”
In some parting advice to fellow judges still presiding over the courts, he said: “I would just say remember, the onus is on you to set the standard. That means a sympathetic and caring approach to everybody… You’re in a position of trust, and you must respect it.”
A Judiciary spokesman said: “Bullying, harassment and discrimination are totally unacceptable. Any allegation of bullying, harassment or discrimination is taken seriously and handled in accordance with the relevant grievance or conduct procedure.”