Legal Tricks of the Trade
Our future lawyers gain a window into the world of criminal law.
Sydney defence barrister Ms Jennifer Layani Ellis, visited Year 12 Legal Studies, throwing the floor open to the students’ questions, including:
How much time does it take to prepare a case? "It depends on the case. Sometimes you can be presented with 20 double-sized files plus a USB filled with tens of thousands more pages, plus video and mobile phone material to comb through. Some of my colleagues might only look at the material they know the Crown will be using as evidence but I know from experience that conscientiousness and attention to detail can win cases, so I will look through it all."
How do you represent people who you suspect are guilty? "Essentially you have to shut down a part of yourself or create a 'split personality'. At the end of the day, we are selling a case theory to a jury or judge, and so we become extremely focused on our client's side and work very hard to believe in the argument we are presenting. Also, many of my clients are from alcoholic or drug-addicted backgrounds, or they have experienced abuse, so you start thinking 'I have been very privileged, maybe if I had grown up like these people I would also be in their shoes.'"
Do you ever feel anxious or afraid when speaking to your clients? "No, because usually you are their best friend at that point; you are their best hope. I have certainly had some very complex clients, and if you read their backgrounds, you wouldn't want to be sitting in the same room as them, but they see you as their saviour, even though you are only there to ensure a fair trial and carry their defence."
What do you do when your client doesn't represent themselves well in court? "Sometimes everything is going smoothly until your client takes the stand and they give a completely different version of events from the one that they told you when you were preparing their case. I have learned to develop a good poker face and stay calm, even though showing my feelings is more in line with my European heritage."
Did you enjoy being a prosecutor? "Yes I did. It is very challenging. They have a lot of obligations as representatives of the Crown and the onus of proof is on them. Actually, I sometimes switch between the two if they need a prosecutor at late notice, and this can be very useful because it makes you a better defence lawyer to see things from the other side. But defence lawyers have more freedom, for example, we have very few limits on the way we present our closing address to the jury."
How do you balance home and family life? "With difficulty but I manage it. As a barrister I am self-employed, so I don't have to do a typical 9am to 6pm day. I can adjust my schedule around important family events and catch up with my cases by working until 11pm or midnight each night. But it also means I don't get paid when I am away on holiday, and when I am sick I still have to go to court, even if I am having the worst migraine or gastric illness of my life."
First admitted as a lawyer in Paris, Ms Layani Ellis is the only bilingual French-Australian lawyer practising in the country. She has experience working as a Crown Prosecutor and is currently on the NSW Legal Aid Summary, Indictable Criminal Law, and Domestic Violence panels.