We are instinctively cross about anything called “flexible” hours because - they won’t be. We instinctively *know* we will bear the brunt of them. We know we are cleaning up someone else’s mess.

But imagine if they *could* be.

Imagine if they could work for us.

A thread

Imagine if they introduced a box to the DCS for caregivers etc. Just to say “my commute is 2 hours for this particular trial - could we start at 10:30?”

And imagine if the reaction was always - “no problem at all, that’s really sensible and allows you to keep this brief.”

Imagine if you could fill in part of the form and say “this case is really complex, I’ll need instructions after every witness - could we have 2 hours in the middle of each day?”

And imagine if that was allowed because going down to the cells at lunch and *eating* is a thing.

In fact, *imagine* if every Crown Court trial had an hour or two built in at the very start of day one to finalise everything. Not being expected to miraculously stroll into court and start a difficult task after a breakneck 20 minutes outside in the corridor with your oppo.

Have you ever ended a trial late on a Friday, sentence put over to the Monday - destroying your trial the next week? Imagine if the court gave you the *option* of a Sat AM hearing. To help *your* diary.

Anyone who didn’t want to or couldn’t - no problem at all. But the option.

Have you ever prepped a case, for plea, something stupid goes wrong like no interpreter / late client who forgot / opponent stuck elsewhere - case adjourned for weeks. You probably return it and lose money. Imagine if the *option* was to stay late just as a one off - by request.

Is your diary a mess? Do you need 25 mentions to fix? Worried you’ll lose trials you’ve prepped? New dates given administratively or rushed?

What if it was presented as a one-off listing BONFIRE on a Sat morning for *us* - counsel’s dates *WILL* be honoured, anyone can cover.

Everyone leaves with an ordered diary and minimal work lost. Able to plan their lives. Able to prep work they will keep. Their dates to avoid having been treated with importance. It would be a pain, but it would be for *us*, a Covid one off and we could cover for colleagues.

Imagine if they said to us - we’ve listened to you and we’ve learned lessons from lockdown - all admin hearings, all PTRs, all suitable cases will be *digital by default* unless you ask otherwise.

Now that would be flexible.

And imagine if they said - if you have to travel to court we have realised the value of your time and your expense. We get it now.

Some of you travel 4 hours for a 10 minute hearing.

We’ll always pay it.

But we won’t have those conversations because we know this isn’t about flexibility at all. This is “sweating the assets”. We’re a mere commodity to clear up someone else’s mess. A mess we warned them about. Our goodwill has been absolutely exhausted.

*We* are exhausted.

I’m all for *real* flexible operating hours. Hours that work for caregivers and increase diversity. Flexible times that help the overworked and the overstretched. Respect for our diaries, for the work we have done, for the money we are due and for the reality of this job.

*That’s* how this topic should have been broached.

I honestly believe the profession would have been willing and grateful to move away from the inflexible dogma of the “effective use of court time” religion.

But, yet again, our goodwill has been depleted through experience.

At this rate, we could be the only profession to emerge from lockdown *less* digital and *less* flexible than before.

It’s such a shame this chance has been lost.

But those who made this mess have only themselves to blame.