Senior lawyers have condemned the “venomous” and “deeply personal” attacks on the attorney general, Richard Hermer, saying they were causing “immense and untold damage” to society and the rule of law.
In a letter to the Guardian, two former Bar Council presidents and two former Law Society presidents accused Hermer’s critics of undermining public trust in the legal system.
Hermer, who was appointed attorney general by Keir Starmer in July, has come under sustained criticism over his past client list and the political views he expressed while working as a barrister.
He has also become the target of internal government critics, said to include cabinet ministers, who have accused him of slowing down legislation and disguising his personal views as objective advice.
In their letter defending Hermer, the four lawyers say that public confidence in the rule of law and justice system is under threat.
The letter, signed by former Bar Council chairs Stephen Hockman and Sam Townend and former Law Society presidents Christina Blacklaws and I Stephanie Boyce, criticises the “deeply personal and indeed venomous attacks” levelled against Hermer and other lawyers.
It underlines the principle that lawyers who either represent the government or advance a case against it do so irrespective of their own personal views, and says that those making suggestions to the contrary are “doing immense and untold damage, not only to our legal system but to society as a whole”.
The letter continues: “They are undermining the rule of law and opening a path towards a society in which the public no longer trust the legal system or the individuals who participate in it.
“The fact that such developments are becoming more widespread around the world makes it all the more crucial that we should uphold the rule of law in our own country.”
The current Bar chair, Barbara Mills, added her voice to those criticising the attacks on Hermer, telling the Guardian: “The cab rank rule means barristers do not and cannot choose their clients – our independence is one of our core duties. We should never be associated with our clients’ opinions or behaviour simply because we represent them. Not only is the cab rank rule the profession’s cornerstone, it also underpins access to justice.”
Hermer has been criticised in sections of the media over the people he defended in a court as a barrister, including the Islamist terrorist Abid Naseer, who plotted an attack on a Manchester shopping centre.
He has also been condemned for having represented the former Sinn Féin leader Gerry Adams and over claims he defended the disgraced lawyer Phil Shiner while he was under investigation by the solicitors’ watchdog.
Hermer’s allies have pointed out that during his 30-year career he also represented a British soldier killed by IRA terrorists, injured service personnel in the Iraq war, veterans who took part in trials at the government’s Porton Down laboratories as well as victims of the Grenfell Tower tragedy.
They said that David Wolfson, the Conservatives’ shadow attorney general, once said “the rule of law means that everyone is entitled to a defence, especially those accused of the worst offences. Don’t judge a surgeon by their patients, a journalist by their interviewees – or a lawyer by their clients.”
Hermer has faced accusations of conflicts of interest, including from the Labour MP Graham Stringer. He has declined to say whether he has recused himself from advising on matters that could affect his former clients, such as the decision to repeal the Legacy Act, which could result in Adams and other Irish republicans receiving compensation.
The Guardian has seen a letter from the prime minister’s independent ethics adviser, Laurie Magnus, sent last week saying there was no basis for an investigation. Under longstanding convention that successive Conservative attorneys general abided by, government law officers do not disclose what they advise ministers on and areas where they have been recused.
Hermer has also resisted pressure to publish details about his earnings beyond what he is required to disclose in the House of Lords register. Previous attorneys general have had to abide by the stricter transparency rules in the Commons.
Many of the attacks on Hermer are implicitly grounded in his politics and his argument that respect for international law is vital. Critics say he is wrong to place a premium on abiding by international law in a world increasingly dominated by power politics. Maurice Glasman, the Labour peer, called Hermer an “arrogant, progressive fool who thinks that law is a replacement for politics” and called for him to be sacked.
The prime minister’s official spokesperson reiterated on Monday that Starmer had full confidence in his attorney general, but declined to say whether he would be kept in post until the end of the parliament.
At prime minister’s questions last week, Starmer defended Hermer, saying: “Everybody’s entitled to legal representation in this country: that means that lawyers don’t necessarily agree with their clients.”
