Pensioner Quits Part Time Job!

By HH Nicholas Marston

The 17th July marked the 50th anniversary of my being called to the Bar. I had been in hospital for a few weeks prior to this and although fully recovered I decided the time had come for me to quit lawyering in any form. I should explain that for 3 years since I retired as a Judge, I have been an Associate Tenant at my old chambers St John’s in Bristol doing Family and Children arbitration .It was very strange returning there after 16 years as a Judge, the nearest thing to going on a very long space flight and finding on return to Earth that for you a few weeks have passed but you have in fact been away decades (it’s called the Time Dilation Theory).

I felt and of course looked the same as in 2005 but everyone else had aged 16 years. The pupils were Silks, the Silks were retired and everyone else in my generation was grey and bald (well the men were.) In what proved to be a very enjoyable interlude it came home to me that although much had changed in chambers some things remain the same. In particular, the instabilities of a barrister's life are constant. If the bookings come in and the fees flow all is good, if they do not, your practise is ruined, your working life is a failure and its all because people hate you. No amount of therapy can alleviate these feelings because by the nature of the job it is all so personal, your instructions, your client, your advocacy, your win or loss (nothing to do with the parties, the facts of the case or the law of course).

The greatest change in chambers in 20 years is the diversity of the barristers, it’s no longer a majority male preserve or an all-white place. I won’t pretend that there isn't still a long way to go but evolution is taking place although not at the same pace as with the other branch of the profession. Solicitors reside in 2025, the bar are not yet there, nor the judiciary but change continues. The relationship between the clerks and the tenants is also much healthier. Too much deference (clerks to barristers) and too much fear, to the extent of being able to make or break a career, (barristers to clerks) has been replaced by a proper working relationship. Things are a lot less hierarchical in general. I can remember one of my pupils who had been in a London Chambers previously telling me about the allocation of biscuits at teatime in her old chambers, jammy ones to QCs , creamy ones to tenants and digestives to pupils! That was only 20 years ago. I think provincial chambers were always a bit more democratic so sadly the biscuit hierarchy never existed in St John’s! What has not changed is the unremitting hard work needed to succeed, the robust, independent character and the strong self-belief.

I was fortunate to have two jobs that I loved in my life; barrister and Judge, that were fundamentally different. To have the opportunity to do both of these was a gift. Twitching with fear the first time you appear in court and the first time you sit in court is a double not to be missed, Realising those white knuckles griping the desk belong to your hand and hoping you can manage to stand up when the Judge comes in is a salutary experience as is the Usher coming in to your room and saying “ They are ready for you now sir”. Can you make it to the door and on to the bench without falling over?

So now its all finished except sometimes I dream about court, usually about being asked a question I have no idea how to answer ( obviously a dream drawn from life you may say). Of course retirement has its down side too. People no longer stand up when you enter a room, nor are you able to get away with rambling on in conversation without being interrupted, worst of all people no longer feel required to laugh at your jokes no matter how lame they are.

I do realise by the way that this is the Bristol Law Society newsletter and I have only mentioned the word solicitor once so far. My regard for you all knows no bounds. After all you kept my family fed and clothed for 30 years and then enabled me to do my second career for 16 years more. However, if you want an article for about 50 years as a solicitor you will have to wait until my brother-in-law Ed finally hangs up his boots. Until then thank you all for making mine such a happy and fulfilling career.

Nick Marston