There is a strange paradox regarding the role of an intermediary: in many cases, the more effectively someone with communication needs is supported to participate in legal proceedings, the less visible that support becomes in the courtroom.
Today we’re taking a look behind the scenes at the communication support provided in recent Birmingham cases, and why the most impactful intermediary work often takes place before a hearing begins.
Prevention rather than cure
Whilst intermediaries assisting clients with communication needs in proceedings will always be on the look out for potential misunderstandings, preventing a breakdown in communication is always preferable than intervening after the fact.
When information is not accessible, individuals may be required to process it multiple times – for example, hearing complex legal language and then receiving a simplified explanation. This increases cognitive demand and takes longer compared to information being delivered accessibly in the first instance. Breakdowns in communication (if they are recognised in the moment) can mean proceedings are unexpectedly halted to rectify (e.g. if counsel cannot take clear instructions). A preventative approach reduces these risks, resulting in more efficient hearings and more effective participation.
Broadly speaking, intermediaries seek to prevent miscommunication in two ways: by preparing the client for court, and by preparing the court for the client.
Preparing the client for court
The better prepared a client is to take part in proceedings, the more able they will be to engage, regulate and understand in court. This work is most effective when undertaken during preparatory conferences prior to attending court, and whilst often unseen by the wider court, utilising this preparation time can significantly improve participation on the day.
- Introducing the structure, roles and conventions of court.
- Explaining court related processes and terminology.
- Ensuring a clear understanding of the case, evidence and positions of other parties.
- Supporting informed decision-making, based on clear understanding of the available options and potential outcomes.
- Facilitating the giving of comprehensive, accurate instructions.
Case Example:
In a recent Birmingham Youth Court case, an intermediary assisted in conference to consider a plea deal. The defendant struggled with the decision and had difficulty grasping counsel’s advice about how the evidence might be interpreted and the likelihood of conviction. That struggle led to emotional dysregulation, which risked the defendant disengaging from the discissions or making an impulsive choice.
The intermediary adjusted the environment, reduced the number of people present, and worked with counsel to parcel the information into manageable steps. The potential pleas were presented visually and the defendant’s understanding of the implications of each one carefully checked, so that an informed plea decision could be made.
Ultimately, the decision meant the case proceeded to sentencing and discussion of various conditions and requirements. Despite the level of support required in conference, minimal further explanation was needed in the courtroom, demonstrating how effective preparation can reduce the need for intervention.
Preparing the court for the client
Effective communication is a shared responsibility across the courtroom. Prior to providing direct assistance (where necessary), intermediaries are instructed to provide the court with recommendations on how to adapt proceedings to meet an individual’s needs, that can be implemented by the advocates, judge or magistrates.
These recommendations may include:
- Adjustments to the physical environment
- Modifications to the pace and structure of hearings
- Case management considerations, such as shorter sessions
- Strategies to tailor communication to the person’s needs
For example:
To support an anxious client to engage with legal representation: “Where possible, I recommend that [client] is assisted by the same legal representative throughout his trial due to reported anxiety and difficulty adapting to sudden changes, including engaging with unfamiliar professionals”.
Regarding a client who reads aloud fluently without understanding what is written: “Do not rely on [client] to read court-related documents independently […]. Instead, go through documents together, or provide a bullet point summary as an alternative to reading the document in its entirety (where appropriate).
Intermediaries support the court and legal professionals to adjust the hearing process and communication throughout proceedings. e.g. by proposing Ground Rules, simplifying questions due to posed by the advocates, or suggesting modifications to the evidence-giving process.
Considering such measures ahead of time means that adjustments can be embedded from the outset, which not only improves participation but also contributes to smoother proceedings with fewer reactive interventions required in the courtroom.
“Her ground rules were practical and well-tailored, and she managed the pace and complexity of proceedings with quiet authority, intervening appropriately and never intrusively.” – Barrister
Often, these recommendations are sufficient to support communication and participation without an intermediary needing to be present throughout proceedings. For example, Communicourt assessments completed by in April of this year, direct intermediary assistance during conferences was recommended in just 60% of cases.
Intermediaries are of course most visible when we are working in the courtroom – providing whispered explanation or intervening where miscommunications arise. Looking on from the public gallery, it would be easy to assume that less explanation or less interventions indicate a client who needs little communication support.
Intermediaries work with a wide range of people with a wide range of needs, and some clients will need and require a high degree of input during a hearing. But often, the most impactful intermediary work takes place before we even set foot in the courtroom, through the thorough preparation of both the client and the court.
By advocating for a preventative approach, intermediaries seek to reduce the likelihood of communication breakdowns and minimise the need for reactive intervention in courtroom. In this way, the ‘invisibility’ of intermediary work is not a limitation, but a marker of its success.
More information about how we might be able to help you can be found below:
https://www.communicourt.co.uk
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