Magistrate Rebuked Over Criticism of Law Firm

A North Wales Magistrate has been rebuked over comments she made about a law firm specialising in motoring offences.

The Judicial Conduct Investigations Office released a statement into the conduct of Mrs Joanna Lindfield JP in October 2018, but for whatever reason it appears that the local newspaper, The Daily Post, has only just reported on it.

Mrs Lindfield had been chairing the bench that sentenced drug driver Matthew Thomas Collett on 9th April 2018. At the time we wrote an article describing how a Magistrate, now known to be Mrs Lindfield, had said that Collett had been "conned" by the legal advice he had received from Widnes-based motoring solicitors M. A. J. Law.

Clearly desperate to avoid a driving ban, Collett blew a £6,000 inheritance on legal fees. He was told it would cost an additional £1,500 for M. A. J. Law to represent him at the sentencing hearing, despite the firm being based only 25 miles away from Flintshire Magistrates' Court.

Solicitor Marcus Johnstone, who owns the firm, told The Daily Post that the company had spent six weeks preparing Collett's defence. The company had been employed on a fixed-fee basis on the understanding that an additional fee would need to be paid if Collett was represented in court.

Mr Johnstone explained: "We represented Mr Collett at his trial on 5th April, 2018. Despite the CPS failing to serve additional evidence, the court allowed the case to proceed.

"Once the court decided that the CPS could continue to trial, despite the defence not having seen the evidence, Mr Collett decided to change his plea to guilty."

Referring to the comments made by Mrs Lindfield, Mr Johnstone said: "It is unfortunate that a Magistrate should criticise my firm in this case.

"It is very easy for the court, or the CPS, to allege failures by my firm when we are not represented in court to counter any such allegations.

"I doubt we would have heard any such comments had I been in court.

"In fact, in earlier hearings there was no criticism raised of my firm whatsoever and our approach to checking the evidence was deemed correct by the fact the court directed the CPS to make disclosure.

"I am totally amazed that Magistrates would state Mr Collett had 'been conned' by my firm.

"Clearly, had the court been in possession of the full facts of this case re the lack of evidence and our communications with the CPS, as well as the amount of work completed and the agreed fixed fees, no court could conclude that he had been conned."

Mr Johnstone confirmed that his firm had complained about the "entirely inappropriate" comments made by Mrs Lindfield.

In its disciplinary statement, the JCIO said: "The Lord Chancellor and Mrs Justice Cheema-Grubb on behalf of the Lord Chief Justice have issued Joanna Lindfield JP, a magistrate on the North Wales Bench, with formal advice.

"Mrs Lindfield was subject to a complaint after she made a negative comment in court regarding a firm of solicitors which risked calling into question her impartiality.”

A letter to M. A. J. Law from Mrs Lindfield said: "With regard to the hearing on 9th April, 2018, I wish to apologise for the comment I made after the hearing.

"With hindsight, I should not have used the words used."

Indeed the benefit of hindsight is a marvellous thing - as is the ability, particularly on the bench, to keep opinions to yourself however valid you might consider them!