The Free Representation Unit
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The Free Representation Unit (FRU) was established in 1972 to provide advice and advocacy in the newly introduced employment tribunals. The charity provides individuals with representation that they could not afford otherwise and gives junior lawyers a valuable opportunity to get practical advocacy experience.
FRU represents clients in employment tribunals, social security tribunals and a small number of criminal injuries compensation cases. FRU has a handful of staff to oversee the cases and provide advice and support to the representatives, run the office and raise funds; but the volunteers take responsibility for case preparation and advocacy in the tribunals.
Lorna Reid has been the charity’s chief executive since January 2016. She says: “FRU owes its success to a simple model, matching unrepresented clients facing tribunals with junior lawyers seeking the opportunity to handle cases. In bringing together these two parties, we promote access to justice and help junior lawyers gain experience that will be valuable in their future careers. Without our service, some clients might not attend their hearing or would be left with the daunting prospect of representing themselves.”
FRU’s office is in Holborn, close to the heart of the legal profession and several law schools. Volunteers use the office to prepare their cases, carry out research, make use of its facilities, seek advice from the legal officers, hold conferences with clients and discuss cases and tactics with fellow volunteers.
With over 300 volunteers working on cases in any given year, FRU has a rigorous training process. Would-be volunteers must attend a day-long technical training course in one of FRU’s practice areas and then must complete a test. “Only about two-thirds of the volunteers pass this test at the first attempt,” explains Lorna. “People who pass then have to observe a tribunal case and attend an office induction, at which point they are ready to take on their first case.”
Allison Crabtree is one of FRU’s most experienced volunteers and was elected to the management committee in October 2014. She started volunteering with FRU when she was studying for the GDL at The University of Law in Moorgate, continuing through her LPC year. “I attended a training day and was attracted by the chance to do a real case,” recalls Allison. “I took the test, which was challenging but very much like one of the practical scenario-based problems I was set on the GDL. FRU has been flexible in a way that many volunteering opportunities aren’t; you have to meet with your new client quickly, stay in touch with them as things progress and be available for the tribunal date, and you often need to put in many hours of preparation, but there are no specific days or weeks to be in an office. That has made it possible for me to combine it with studying full time.”
Allison explains why FRU is useful for both would-be barristers and solicitors: “Most of the other FRU volunteers I’ve met hope to become barristers and are drawn to FRU because of the advocacy experience, but I think it’s just as helpful for aspiring solicitors. Volunteers interview clients and witnesses, draft documents and prepare bundles. And of course many solicitors do a lot of advocacy; in employment cases, the employer’s representative in tribunal is quite often a solicitor.”
FRU’s legal officers maintain close contact with the volunteers, particularly during the ratification process for the first case. “The legal officers oversee cases, provide support to the volunteers throughout and are always available to talk things through,” comments Lorna. “It is a big step to take your first case to tribunal and we are very keen to ensure that representatives do not feel that they have been thrown in at the deep end. We encourage volunteers to share their experiences and try to promote a collaborative learning experience. We always remember that we are providing a service to clients who need to be confident that their FRU representative will do the best possible job on their behalf.”
Allison confirms the important role that the FRU legal staff play: “They are a major reason I wanted to volunteer, as they are passionate about the work and an absolute goldmine of information. But the staff are there to help you get things right; they will not hold your hand through the work. No one will be in your client conference or at tribunal with you. It is your case and your responsibility. You need to develop a sense of when to ask for help and I think that’s a useful skill to take to a training contract or pupillage.”
Lorna explains why volunteering for FRU is such a good experience for people who want a career at the Bar: “The essence of being a barrister is advocacy, which is something you can only learn through practical experience. Although you practise cross-examination and making submissions on the BPTC, it does not compare to the experience FRU offers by giving you the opportunity to appear as a representative in a tribunal. When you are in front of the judge, you know that it’s down to you and this makes it particularly rewarding, whatever the outcome.”
Allison adds: “FRU work helps you to develop a real feeling for the strengths and weaknesses of a case, and then see it play out with all the unpredictable things that spring up along the way. Clients and cases are very diverse – for example, you might have a seriously mentally ill client in a social security case, who would struggle to attend their tribunal without your help, and then an employment client with a professional background who is legally knowledgeable and well prepared. Sometimes the work is about helping a client present the facts in the clearest way and sometimes there are points of law or complicated evidential issues – I have cross-examined a HR director over the calendar settings on his IT network!”
FRU helps volunteers to develop the ability to put someone at ease and listen to them, while keeping the legal issues in mind and getting the necessary information, explains Allison: “Clients may be very angry about how they’ve been treated at work or embarrassed to be applying for benefits and discussing personal medical issues with strangers. There can be a lot at stake financially too.”
Finally, it feels great to be praised for your work by a member of the judiciary, reflects Allison: “One of the most rewarding aspects has been the respect and appreciation I’ve received from many judges. Judges know about FRU and some have even been volunteers themselves. They appreciate that we help tribunals run more smoothly and fairly.”
For more information about FRU and how to become a volunteer, visit www.thefru.org.uk.