The Law Society and Bar Council have hit out at the Conservatives’ treatment of an immigration lawyer after she was the subject of a dossier sent to right-leaning newspapers.
In an article for the Guardian, Jacqueline McKenzie, the head of immigration at Leigh Day and a partner at the firm, said Conservative party HQ had sent a briefing to the Daily Telegraph, the Daily Mail, the Sun and the Daily Express that was inaccurate and intended to whip up ill-feeling towards her.
In a rare joint statement, Nick Vineall KC, the chair of the Bar Council, and Lubna Shuja, the president of the Law Society, condemned the Tories’ behaviour in sending out the document titled “Revealed: senior Labour adviser is lefty lawyer blocking Rwanda deportations”.
They said the legal community was “gravely concerned” by McKenzie’s treatment, adding: “Political leaders know that lawyers represent their clients within the legal framework that parliament creates and CCHQ [Conservative central headquarters] should seriously reflect on what has happened in this case.
“Language and actions that unfairly undermine confidence in the independence of the legal professions, and potentially risk the safety of lawyers, will ultimately undermine confidence in our entire justice system and the rule of law.”
McKenzie, who described the dossier as “underpinned by racism and misogyny” said it had ignored the fact that she had spent 90% of her time doing Windrush work, which included sitting on the independent advisory group that delivered the Windrush Lessons Learned review, set up by Sajid Javid.
McKenzie said she has had to take security advice and precautions as a result of an “ominous” email in the wake of critical articles resulting from the document.
Vineall and Shuja said: “No lawyer should be criticised, or made the subject of a targeted campaign, for doing their job. Everyone is entitled to legal representation, and it is a United Nations basic principle that lawyers should not be identified with the causes of their clients as a result of representing them.
“That is why, as we have said repeatedly, it is wrong to describe lawyers as ‘lefty’ or ‘activist’ simply on the basis of the causes they advocate on behalf of their clients.
“Lawyers who represent their clients are not only doing nothing wrong, they are doing exactly what they are supposed to do in playing their part in ensuring that the rule of law is upheld.
“Ms McKenzie has been doing exactly what she is supposed to do as an immigration solicitor, acting in the best interests of her clients within the constraints of the law.”
A Conservative party spokesperson said: “The idea that lawyers should be exempt from criticism is completely wrong and incompatible with a free society.
“The lord chief justice, the head of the judiciary in England and Wales, has himself voiced concerns that a minority of lawyers have engaged in vexatious representations and abusive late legal challenges to frustrate removals.”
The lord chief justice has also said previously that lawyers should “act fearlessly for their clients” and “not be subject to criticism for doing so”.
