Before James Torcetti was a criminal lawyer, he was a chef. Peeling onions, chopping carrots, mopping floors - it was all part of a regular day’s work. It was a job that helped James through law school.
After working in Germany in international litigation and arbitration, James returned to Caboolture to specialise in criminal law. Recently, he struck out on his own, joining forces with a fellow sole practitioner to start his own firm, Murray Torcetti.
Protecting client interests without judgment
“As much as I loved my previous employer, he was an older practitioner who was winding down, and no longer wished to practice criminal law,” said James, now a director of Murray Torcetti Lawyers. It seemed like the perfect opportunity to set up his own firm.
“I am aware that I would be a nightmare to manage,” admitted James, “Adding my name to somebody else’s shingle made sense. Also, now I can add “ability to communicate in Memes” as part of the selection criteria for staff positions and have sea-monkeys in my office!”
He speaks of his work in criminal law with pragmatism and compassion.
“Criminal law is an intensely emotional and painful time for those who have been charged with an offence,” said James. “My role is to advance their interests and protect them without judgment.”
A conversation between you and the Court
His drive and passion come not from isolated experiences in the law, but his day to day life as a criminal lawyer.
“There is this moment that occurs in advocacy where everything falls away,” said James.
“Imagine this: You have done all the preparation; you know all the crucial facts and law and you know your submissions inside out,” said James. “You are addressing the court, you look down and realise you don’t need your bullet point submissions. You take your notes off the lectern and put them face down on the bar table.
“Now, this is a conversation with you and the court,” James said. “This is the moment where you have made the calculated decision to let go of superfluous submissions and can cut to the core of what will make the biggest difference for your client.
“This is the moment where the client’s trust and faith in you have been validated. This is one of the many reasons why I love what I do.”
A demanding, but gratifying career
It is undoubtedly challenging work, but work he finds immeasurably gratifying.
James relishes the chance to work closely with clients to get the best possible outcome through the justice system.
“Why do I do criminal law?” asked James. “The elation of building a solid rapport with your clients, doggedly pursuing their rights through the justice system and ultimately coming to a favourable result. Depending on context a sentence that ends ‘with immediate release on parole’ is just as satisfying as ‘not guilty’.”
Like any good criminal lawyer, James maintains an impressive clarity about his work.
“I can represent the undoubtedly guilty without batting an eyelid,” said James. “It is not my job to pass moral judgment on our clients but to ensure their rights are protected and their interests are advance so that people who are innocent can benefit in the same manner.”
Indeed, the moral challenges he encounters often stem from funding issues.
“The most challenging part of being a criminal lawyer is entering pleas of guilty on behalf of innocent people, who for a multitude of reasons are making a commercial decision,” said James. “They may wish to avoid the risk of a trial, the cost of a trial or be affected by the pure lack of funding available from Legal Aid.”
For lawyers or law students looking to recapture their passion for the law, James advises reflection.
“Perspective is a magic thing,” said James. “The vast majority of us had to work truly terrible jobs to put ourselves through university. If you are having a miserable day at work, take yourself to where you used to work or an industry you used to work in, sit down and remember at the end of the day you have an interesting and challenging job that can make the difference to people.”
“After high school, I was a chef. If I’m having a bad day I remember that I don’t have to peel onions, chop carrots or mop the floors before I go home. Suddenly, having to write a letter of advice or review a brief of evidence seems far less of an imposition”
“Alternatively, go volunteer legal clinic,” urged James. “Go do something that makes a difference to someone. Even if the advice you have to give is bad news, it can remove some fear and uncertainty.”
