Colin Wells, called to the Bar in 1987, has been practising for 30 years as a criminal defence and costs barrister at 25 Bedford Row. In 2017, he was diagnosed with Parkinson's. In this blog, he discusses how his diagnosis has impacted his working life and how he has been able to continue practising.
Having practised as an advocate at 25 Bedford Row in criminal and civil jury trials for over 30 years, I was diagnosed with Parkinson’s in 2017.
On diagnosis I asked the neurologist: what is Parkinson's? What are the symptoms? How is it caused? Is there a cure? How will it affect me? Will I have to stop working as a barrister?
The neurologist explained that Parkinson’s does not reduce your life expectancy but does have a huge impact on your life. It is a progressive neurological condition, in which damaged nerve cells in the brain fail to produce sufficient quantities of the chemical dopamine. With no known cause nor cure.
There are over 40 possible symptoms:
- shaking tremors
- slowness of movement
- balance and coordination difficulties
- slower shuffle walking, rigidity, muscle stiffness, cramps
- loss of sense of smell
- pain and restless leg syndrome
- small handwriting
- voice changes with slurred speech
- blank facial expression
- anxiety and depression
- physical and mental fatigue
- sleep difficulties
- visual hallucinations
Everyone’s experience of Parkinson's is different, not everyone will experience all of the symptoms and everyone's Parkinson's progresses differently.
Parkinson's should not stop you working, but you will have to adapt.
The neurologist emphasised the importance of physical exercise and keeping mentally active.
With a positive attitude, physical exercise, specialist healthcare (Parkinson's nurse, physiotherapy, psychologist, Deep Brain Stimulation surgery), medication and an adjusted work-life balance, I have successfully carried on practising at the Bar.
The process of adjustment has been greatly assisted by discussing the matters with my clerks, who have been very supportive, and encouraging. I discussed the diagnosis with my senior clerk. He asked me what I wanted to do. He listened to me. He did not ask any questions, he just let me have my say. I decided to come out and own the condition and told my clerk to tell my existing and new potential instructing solicitors that I have Parkinson's. I know many people with Parkinson’s who keep their diagnosis quiet, from family, friends and work colleagues. That is their prerogative, a personal decision to be respected, which may change over time.
I have regular practice development meetings with my clerks (in person, by telephone and online) to keep them up to date as to my physical and mental health wellbeing, how I am feeling in terms of managing my caseload and possible new instructions.
Pre-diagnosis I was working ridiculously long hours (60+ hours a week not being uncommon) undertaking, back to back, long running, highly pressurised serious cases, all over England and Wales.
In consultation with my clerks, I have reduced my working hours, developing a niche practice specialising in advising individuals, companies and local authorities on criminal litigation, abuse of process, fraud, state misconduct, private prosecutions and criminal costs (being ranked by Legal 500 as a costs lawyer).
In terms of court advocacy, seeking reasonable adjustments when necessary, I:
- appear by video link for pre-trial criminal applications
- attend Crown Court for criminal jury trials
- provide free representation for Parkinson’s claimants at First Tier Tribunals in relation to Personal Independence Payments appeals
- attend costs hearings at the Senior Costs Court via Microsoft Teams
Court staff and the judiciary have been very supportive. Communication is key. I explain to staff and judges what the condition involves and how they can help, in terms of mobility issues and timing of medications. That sometimes I require more time to take instructions getting in and out of the well of the court into custody areas. That I may need to be seated when judges enter court, when I question witnesses, or when making submissions. That I may need to stand up and stretch in court to manage the physical motor symptoms of Parkinson's (such as body stiffness, cramps and tremors). That I may have a 'body-freezing' episode when I need to remain seated, rest and require physical assistance to initially move.
I continue to write and disseminate information on matters of criminal law, both procedurally and substantively to encourage greater awareness of the issues facing our criminal justice system.
The written word has no accent nor dialect. Content is key. Writing is an avenue I continue to use to prove those wrong who told me earlier in my career, that if I wanted to succeed at the Bar I would have to change my accent. I am proud of coming from East London. I deliberately chose not to change my accent. I did not want to turn my back on my background for so-called success.
The fourth edition of my Abuse of Process book was published by Oxford University Press in July 2023. And a fifth edition commissioned by OUP, due for publication in 2026.
I am a volunteer for Parkinson’s UK, a charity which provides invaluable information, support and guidance to those with the condition. The charity have given me a greater insight and opportunities into how to use my advocacy skills positively for the Parkinson’s community in Parliament, in tribunals and lobbying for social welfare change.