A day in the life of a High Court Judicial Assistant
Background
There are many courts which offer junior lawyers the chance to take up the role of judicial assistant (JA), most notably the Court of Appeal. The High Court introduced a JA scheme c.2019, aimed at junior barristers and solicitors, and those who have been Called to the Bar but who have not completed pupillage. Being both a trial court and a location of appeal, the role of High Court JA offers junior lawyers a unique opportunity to work with senior members of the judiciary on some of the most complex and high- profile trial litigation.
The application process
In addition to the application form, there is usually a written legal task as well as an interview with a High Court judge and HMCTS staff member. At interview, you are likely to be asked motivational questions (about your career and how the role will assist with your ambitions), competency questions (answer using the STAR method), and a legal question (eg discuss a case you find interesting and why). You will also be asked to indicate a preference as to which court you want to assist in: Chancery, King’s Bench, TCC, Admin, Family, or Commercial.
Role and responsibilities
If successful, you will be allocated to different judges depending on their availability, needs and workflow. You may be required to work for more than one judge at the same time, eg marshalling on a trial for one judge and assisting another with proof-reading a judgment. This has a real advantage in that you experience the full range of cases that come before each Division/Court.
When marshalling, you will sit next to the judge during trials and hearings and assist with making references to evidence during witness examination. You will also likely be asked to mark up trial transcripts at the end of each sitting by topic in the pleadings, to assist the judge with judgment-writing later on.
You will also be required to undertake discrete research, either at the request of a judge or in order to learn a new area of law in preparation for a case. For example, the Chancery Division is made up of different sub courts dealing with a diverse range of legal areas, from trusts and companies to intellectual property and patents. So if you chose to assist in the Chancery Division due to your interest in trusts law, you may find yourself in a library with a copy of Terrell on Patents.
Another important role of the High Court JA is to help to draft interim and final orders, as well as proof reading full judgments. The latter is particularly important in long civil fraud trials, which can take months to write. As to the former, your input can really help the judge to decide what the appropriate terms of an order are (eg for injunctive relief, protective orders, schemes of arrangement, etc). This is an exciting prospect and a real insight into the daily life of a junior barrister at the commercial and chancery Bar.
Reflection
Being a JA in the High Court is more challenging than in other courts, not least because of the complex nature of trial litigation. Unlike in appellate courts, where the focus is almost always on a point of law (or evaluation),most of what you are concerned with in the High Court is factual. It is a fact-finding process and for this reason, the documents are far larger and bundles more voluminous than in appeal cases. Not only do you need to have a sound grasp of the relevant legal principles, but you must be able to analyse (often highly technical) expert evidence, accurately and at pace.
The role is therefore far more rewarding, as you get a sense of how to conduct civil trials at the highest level. It is also an invaluable opportunity to have worked with various judges in the High Court (especially as a junior barrister who is likely appear before them in the future). It is important to network with as many judges as possible during your time as a High Court JA, offering support possible in any way you can (while not overstretching yourself, of course).
