The new Seddons partner issues an impassioned plea for the return of legal aid
Leading family lawyer Toby Hales joined the team at Seddons this summer.
What was your route into the profession?
Circuitous and resistant. I did a law degree but decided by the end that I had fallen out of love with the law, as I considered all my colleagues to be primarily motivated by financial success and I wanted to change the world QUICKLY. So I went to work as a residential social worker for a couple of years, which was incredibly rewarding—if physically and emotionally exhausting—and certainly did not result in much world-changing activity. I was, however, offered a place to study a BCL at Oxford, an offer that I could not refuse, and that course was so wonderful and my lecturers so inspirational that I fell back in love with the law as the system that underpins our society and our relations with our fellow citizens. So I decided to pursue it after all and was lucky enough to be offered articles at, quite literally, one of only two firms to which I applied (life was very different back then). I never looked back.
What has been your biggest career challenge so far?
Coming to terms with the continually shifting regulation of law by successive governments, particularly in relation to legal aid. My idealism never left me, and I pursued a career in which my belief in equal access to justice was hard-wired. However, successive governments have failed to protect the institution of legal aid, and the Conservatives put the final nail in the coffin with LASPO. The removal of family legal aid has brought an abject unfairness into the system.
Which person within the legal profession inspires you most?
I was fortunate enough to be involved in the case of Charalambous v Charalambous [2004] EWCA (Civ) 1030, representing the children as their litigation friend. We spent two-three years in a succession of hearings before Wilson J (as he then was), and he conducted the case and managed the courtroom in a way that was genuinely inspiring. It is no surprise that he has made his way to the Supreme Court, where he continues to be a voice for common sense and kindness—elements often missing in family litigation.
If you weren’t a lawyer, what would you choose as an alternate career?
Rock drummer, naturally.
Who is your favourite fictional lawyer?
What change would you make to the profession?
BRING BACK LEGAL AID! Or, if I have beaten that drum too much, I would like to remove the distinctions that still exist in rights of audience between solicitors and barristers. We are lucky in the family division that as solicitors we can advocate in a wider range of courts, but particularly as a young solicitor, I faced a measure of hostility and discouragement in conducting my own advocacy. I know it’s not everyone’s cup of tea, but there is no reason in principle why solicitors should not make excellent advocates, and there are obvious advantages in terms of costs and continuity of representation. A start would be to feature it much more prominently—even on an optional basis—at law school. I realise that I am now so long in the tooth that I did an exam with different initials, but on the LSFE, advocacy was not even mentioned.
How do you relax?
I could spend another 1,000 words extolling the virtues of strategy board gaming. There is nothing better than a good eight hours competing against five others to rule the world. Or even a small bit of it. A much-misunderstood hobby (usually because most people only play games with their Nan at Christmas) that is having a real renaissance at present.
