Nick Freeman

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Nick Freeman (born 1956 in Nottingham) is principal partner of Manchester based legal practice Freeman & Co., best known as a celebrity motoring lawyer, nicknamed "Mr Loophole" by the British tabloid press. Freeman has since trademarked the moniker Mr Loophole, to protect against its use by other lawyers, "making sure nobody else can use what he's successful for"^[1].

1 Biography
2 References
3 External links

[edit] Biography

Freeman’s father was in retail, but warned him there would not be a business for him to take over. Although harbouring ambitions to become a professional golfer, he was persuaded to study law.^[2] Freeman completed his A-levels a year early, and so worked in Paris as a waiter for a year to save for his first car. He studied law at Trent Polytechnic, followed by law school at the College of Law in Chester; and on graduation Freeman became an Articled Clerk in Nottingham.

He won an advocacy competition, and was hired as a prosecutor for Greater Manchester Police in 1981. In 1983, he moved to a firm of criminal lawyers in Manchester, and was a partner within six months. After 16 years, although still a criminal lawyer, his was a practice inside a practice due to his speciality in motoring offences.

Aged 42, he left and set-up Freeman & Co. He is famed for getting those that can afford his fees acquitted of all manner of motoring offences, and is reputed to earn £10,000 per day and be one of the highest paid lawyers in the UK. Freeman also still handles legal aid work and is on the Legal Services Commission’s specialist fraud panel.^[2]

On 30 October 2006 Freeman was arrested by Greater Manchester Police at premises in the centre of Manchester, and was held at a police station. The arrest was for suspicion of conspiracy to pervert the course of justice^[3] and was on behalf of an investigation being undertaken by Gwent Police ^[4].

[edit] Briefing

The client never meets Freeman before the case as he does not want to be compromised by any extraneous detail a defendant might reveal to him. The first handshake usually happens minutes after the case has ended.^[5].

[edit] Loopholes

Freeman's knowledge of motoring law often exposes police officers not following the legal process, identifying discrepancies in the evidence or shortcomings in procedures leading up to charges - establishing that inadequate statutory warnings were given before blood or breath tests were taken.

A motorcyclist was acquitted of a 132 mph speeding charge when Freeman quoted case law from 1922.^[5]
Ashley Fitton, was cleared of drunk-driving based on the defence of coercion from the Criminal Justice Act 1925, claiming she was terrified she would be hurt by her husband if she did not drive him.^[6]
Freeman "defended a businessman who had crashed his car and was taken to hospital seriously injured", and who was over the drunk-drive limit, and was acquitted as "the relevant legislation says that the blood must be taken by someone who is not associated with the driver's care. In this case, it was taken by a surgeon directly involved, and so the man was acquitted."^[7]

As to the ethics of what he does, he says

"Morally, I can't [justify it], but ethically, I can." "My job is to give my clients the best defence I can. That is the job of every defence lawyer. I can't pick and choose who I defend based on my opinion; that would mean I was judging them, and that would be a dereliction of my duty. If I repeatedly identify shortcomings in police procedures, then perhaps we will end up with better standards in policing and then we will all be safer on the roads because people will not take chances. Until then, it is my job to identify inadequate policing and procedures."

"I want to make one thing clear, however. I do not condone drink-driving or irresponsible driving of any kind. And where I successfully defend clients I will often take them to one side and give them a polite ticking-off, tell them they have been very lucky and advise them to use that luck by not transgressing again."^[7]

Despite this, Freeman has two clients cleared on technicalities no fewer than three times.

[edit] Clients

His first high profile case was that of Sir Alex Ferguson in 1999, where Freeman argued that Ferguson had to use the hard shoulder to get to the training ground to allow for his upset stomach and need for a toilet.^[7] Clients since have included:

David Beckham - Freeman's second most famous let-off. Beckham lost the original case without Freeman, but won when on appeal using Freeman, who said that he was being chased by the paparazzi
Caprice Bourret - Freeman claimed the model had a urinary tract infection, and that she was affected by the drugs she was taking. Banned for 12 months.^[8]
Lee Bowyer - the Crown Prosecution Service initially alleged that Bowyer had been driving at an average 112mph on the A1, peaking at 132mph. Freeman negotiated with the CPS at Northumberland court, following irregularities with the road markings, (which were too short, giving a *lower* speed than expected). The West Ham United midfielder pleaded guilty instead to driving at 99mph on the A1. He was banned (as it was his second speeding offence in 3 years) for 42 days and fined £650. It prompted a furious response from road safety charity Brake.^[9]
Jeremy Clarkson - after being loaned a car by Alfa Romeo, the vehicle was caught doing 82mph in a 50mph zone on the A40 in Ruislip. Alfa Romeo sent the ticket to Clarkson, who was acquitted and awarded costs because the prosecution did not offer evidence as to who the actual driver at the time of the offence.^[10]
Andy Cole^[11]
Andrew Flintoff - caught on camera doing 87mph in a temporary 50mph zone, Freeman pointed out that the prosecution notice was sent two days later than the law allows. Flintoff only had to turn up at Liverpool Magistrates Court to confirm his name, age and address to be completely let off.^[12]
Steve McFadden - who "had a remarkable capacity for drink" and was examined by a police surgeon, who had drunk the equivalent of nine double vodkas, and was found "for all intents and purposes to be quite sober." McFadden was banned for 18 months, which is a fairly lenient sentence for the amount of alcohol in his blood.^[13]
Lee Hughes - unsuccessful defence of the then West Bromwich Albion striker. Sentenced to 6 years in prison for causing death by dangerous driving
Colin Montgomerie - acquitted when the policeman who was said to have caught him travelling at 96mph on the A3 near Esher, Surrey (a 70mph road) at 12:50am failed to attend court, making it impossible to prove that he was driving.
Tiff Needell - cleared of failing to supply details in relation to a speeding ticket, and the speeding offence by Pontypridd magistrates^[14]
Ronnie O'Sullivan - Freeman accused the magistrate of winking at a journalist. The magistrate replied: "Why would I wink at anybody? Do you think I'm gay or something?" Freeman subsequently had the trial stopped. At the retrial, the court accepted the explanation that O'Sullivan was "too depressed" to provide a urine sample.^[13]
Mark Kennedy - unsuccessful defence, the footballer was banned for 3 years^[13]
Wayne Rooney - cleared of driving without insurance when Freeman said that a requested adjournment had not been granted and the hearing had been conducted in absentia.^[9]
William Stobart - the driver of a car allegedly doing 116 mph on the M6 claimed he was William Stobart: but was he the same William Stobart who exercised his right not to attend the hearing at Penrith Magistrates? The court decided the prosecution had not proved the driver was Mr Freeman’s client, Cumbrian haulage tycoon William Stobart ^[15]
Matthew Vaughn^[16]
Jonathan Woodgate - banned from driving and since convicted of affray.^[17]
Dwight Yorke - acquitted when a Home Office-approved speed gun could not be shown to have been used under the correct conditions of approval.^[9] Freeman defend Yorke again in January 2008, where by Yorke refused to sign police documentation to confirm he accepted he was speeding at 95mph. Freeman got Yorke to plead guilty to a charge of 85mph, which resulted in a fine of £315 and 3points - keeping Yorke below 12points, and an automatic ban.^[18]

[edit] Personal life

Freeman and his wife live in Knutsford, Cheshire; have a holiday villa on the Cote d'Azur, and have two children - a son and a daughter.

Freeman drives either a Bentley Azure convertible, Mercedes SLK55 or a Bentley Continental GT. Previously had an Aston Martin that he got so fed up with he handed it back to the dealer^{[citation needed]}.