Referral advocates and barristers are exposed to threats and attack because they work at the front line of the justice system. The cab-rank rule to which the referral Bar adheres means that they represent everyone who needs representation however unpopular or unattractive their character or cause. This is essential to ensure the proper working of adversarial justice systems in which referral lawyers operate and is part of ensuring justice for all, giving reality to the rule of law.

Given greater political polarisation, advocates and barristers are being identified as targets for opprobrium, and worse, by radical social media and politicians.

This seminar will explore the different techniques that can be adopted to protect referral lawyers and their roles in this difficult time, while not compromising on basic principles. Representative bodies, such as Bar Councils, CCBE, IBHARI/IBA, and others, have an important role in standing up for both the principles and acting in individual cases of persecution. Work in this area should continue to recognise that a solid defence of independent judiciaries goes hand in glove with defence of the independent Bar. Pressurising states to expedite their processes and ratify the European Convention for the Protection of the Profession of Lawyers in all countries with a referral Bar would go some way towards adding to protection. Overall, the profession needs to sharpen its response to these attacks, build solidarity within national professions and across jurisdictions, and focus work where it really can make a difference to further strengthen our national bars to stand firm for the rule of law.