Authors: Tim Kevan
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Thursday 13 March 2008
Year 2 (week 24): Middle-aged crumpet
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OldSmoothie finally discovered a couple of days ago that BusyBody has been leaving reactionary comments on his behalf all over the internet. According to a Google search of his name, it's pretty clear that there have now been well over six hundred such comments and the vast majority seem to have ignited some row or other on the particular newspaper or blog where they were planted.
In order to counter this, OldSmoothie has decided to take offline measures, which might be seen by some as a tad heavy-handed. He has basically employed someone at SlipperySlope's firm of solicitors to write to all the various website owners threatening them with, among other things, defamation. Unfortunately for him, whilst this has meant that the original comments have been swiftly removed, the threats themselves have resulted in the blogs and newspaper sites being swamped with ten times as many nasty posts about OldSmoothie than BusyBody could ever have invented. But worse than this is the fact that a couple of the newspapers have retaliated to the intimidatory tactics by starting to ask around about OldSmoothie's private life. I know this not only because ScandalMonger tipped me off immediately but also because this morning I had to appear on behalf of OldSmoothie seeking an injunction to stop the printing of a story of which even the late Alan Clark MP would have been proud. Whilst the injunction was granted today, I doubt very much that a full hearing will be so successful.
But then, as HeadClerk said after the hearing, âAll publicity is good publicity, BabyBarista. It's just what you make of it that counts. We'll simply bill him as the thinking, er, middle-aged woman's bit of crumpet and get him running, well, strolling at least, around the divorce courts.'
Eek.
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Friday 14 March 2008
Year 2 (week 24): Red bags and horse hair
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I've been thinking about what TopFlirt meant when she said that TopFirst is obsessed with beating me to a red bag. Despite the fact that âRedBag' is OldSmoothie's nickname for a high-profile, left-wing female judge, I can only assume that TopFlirt is referring to the red brief bag that is awarded to a junior barrister by a leader in their case if they do a particularly fine job. As beginners we both have little blue bags to carry our robes around in and it's true to say that TopFirst and I did have a passing conversation during pupillage about who would be the first of our generation to be awarded a prestigious red bag. But to hear that he's got a bee in his little horsehair wig about it is not only a curiosity but also something upon which I might be able to capitalise. For one thing, I'll just have to make sure that I beat him to it. But beyond that I need to think how I can use this against him.
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Monday 17 March 2008
Year 2 (week 25): Liar, lawyer
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Attended my first pupillage interview last night as the newest member of the pupillage committee. What struck me most was the enormous irony in the fact that for a profession that prides itself on honesty and integrity, its entrance interview is designed to judge people on how well they lie. The rubbish that was being spouted by the interviewees last night was incredible, and when I went for a drink with TheVamp afterwards we speculated on what the answers might have been had any of the candidates actually told the truth. Here's a few of the less rude ones we came up with:
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Why the Bar?
âTo become a fat cat part-timer like the rest of you.'
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Why law?
âBecause I just love twisting the truth and taking technical points.'
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Why this chambers?Â
âBecause you were stupid enough to offer me an interview.'
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Why personal injury?Â
âBecause it's easy and well, I like money.'
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Why employment law?
âBecause litigants in person are always easier to beat.'
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Why landlaw and tenant?
âBecause I'll enjoy doing-over impoverished tenants and hey, it's one better even than being a bailiff. Why, it's living the dream.'
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According to TheVamp, the strangest question she was asked at interview was, âWhat's your favourite Abba song?' Apparently she replied, âTake A Chance On Me', followed closely by âMoney, Money, Money'. When they later offered her a pupillage she sent a note of reply stating, âThank you for your offer, which I am delighted to reject on the basis both of your poor choice of questions and your even worse taste in music.' She then added at the end, âP.S. I forgot to mention: “The Winner Takes It All”.'
As we talked increasing amounts of nonsense, I noticed Claire in the far corner of the bar. She was with another guy and when she saw me she smiled and gave a quick wave but then looked embarrassed and turned back to her conversation. TheVamp who has never been a fan of Claire immediately picked up on this and said, âHmm, Claire with an extremely handsome mystery man. Hasn't taken her long to move on I see.'
I've no idea whether she was actually aware that we'd argued, nor whether she really knew anything about the man Claire was having a drink with. I've seen him around at court but all I know is that he's a tenant in her chambers and about five years older than her. A few minutes later Claire and her friend got up to leave and she flushed as she passed our table but politely said âhello' to us.
âNice shoes,' said TheVamp, admiring Claire's shiny pair of high heels.
âOh, thank you,' said Claire, looking even more embarrassed. âThey were a gift.'
With which she left and TheVamp said to me, âChristian Louboutin, BabyB. Doesn't come any better. She's certainly taken a step up in the world.'
For my part I was thrown by, of all things, the smell of Claire's perfume which seemed to trigger a deep longing for her company. I do miss her.
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Tuesday 18 March 2008
Year 2 (week 25): Take the lot
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I am so very glad I'm not a solicitor. I had to spend the whole day at SlipperySlope's firm today trying to get the Moldy cases into some form of order. All in, I'd say solicitors probably put in twice as many hours as us barristers. That's not to say that we don't work hard. It's just that solicitors don't seem to get any faffing time. They're constantly being judged by how many hours they've billed.
Not that this seems to worry the Slope family who sometimes manage to bill more hours than there are in a day. Today was a good example. As I arrived, NurserySlope was talking to Slippery. âI have the most annoying client in the world. He has minor brain damage which has turned him into a complete obsessive. To make it worse, ever since I mentioned he could claim for various types of care to help him with his injuries he's been sending me hundreds of different emails with links to different crazy products he says he would like. I must have had three hundred just last night.'
âThat's sounds like the perfect client to me,' replied Slippery. âTake the lot is what I say. One by one.'
âWhat do you mean?'
âCome on, Nursery. You should have learnt by now. Each email counts as a unit. That means ten emails make an hour. A hundred emails, ten hours.'
âThree hundred emails making . . . thirty hours.'
âPrecisely.'
âEven if I don't read them.'
âNow you're getting it.'
Slippery smiled and then looked over at me and said, âTime sheets never sleep, BabyB. I say show me the cash. Don't you agree?'
This even left Nursery wincing slightly as she left the office.
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Wednesday 19 March 2008
Year 2 (week 25): BearMarket
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So far TheBoss hasn't managed to track down the main telecoms expert who'd allegedly taken a bribe to change his report and without that killer blow ScandalMonger has been badgering me for a couple of weeks to be able to take what we've got public. In the end TheBoss handed over the documents to him. Whilst I wasn't keen to encourage him to go ahead, I have to admit that adding a bit of publicity to the mix may well help us force the telecom company into settling just to get rid of us.
Oh, and as far as ScandalMonger is concerned, this also has the added advantage of driving down the telecom company's share price even further â which is handy for him, since the period of the bet he made when he sold short is about to expire. But with ScandalMonger all set to leak the documents, and with OldSmoothie away on one of his many holidays and completely out of contact, I have had to make the decision to ask for an emergency application for the documents we
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have so far to be admitted to the case, and this should be heard next week.
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Thursday 20 March 2008
Year 2 (week 25): Maundy Thursday
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I arrived at court today and waited for two hours with my client only to be told by the usher that the judge did not have time to hear us due to [ahem] âan emergency application'. I'm sure this had nothing to do with the fact that, as the usher let slip, he wants to get away for the Easter weekend. Of course not. So we trotted into court and had a chat with the judge as to when the case might next be listed. For my own part, I have to admit that I was rather pleased, since it meant that I avoided getting smashed around the courtroom for a whole day on a very weak case that I was fighting for an insurance company, and I still got paid my full fee. My opponent on the other hand, who was working on a no win, no fee basis, was getting just a little bit agitated and when the judge asked when might be the next convenient day for counsel and the parties (in that order), without thinking it through my opponent immediately jumped in with, âYour Honour, might it not be possible just to hear the case tomorrow?'
The judge looked very surprised at the comment and then a hint of a smile followed. âYoung man,' he said, âthe last judge to sit on the day after Maundy Thursday was Pontius Pilate. I do not intend to follow his lead here in London.'
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Tuesday 25 March 2008
Year 2 (week 26): Disclosure
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Had our application hearing today for the extra evidence in the Moldy litigation to be admitted. TopFirst and UpTights were there but unfortunately OldSmoothie was still on holiday abroad and so I had to step in. It was quite nerve-wracking to be against UpTights for the first time, particularly when she greeted me with, âI assume you know what you're getting into, BabyB?'
But I simply presented the documents to the judge and said that it would be impossible to have a fair trial without them. UpTights refused to comment on the documents themselves, relying on the lateness of the application and saying that investigations still needed to be made. Eventually the judge did allow the documents in but he has adjourned the trial for a few more weeks. As we left, UpTights smirked at me and whispered, âI hope you've passed this by OldSmoothie. For your own sake.'
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Wednesday 26 March 2008
Year 2 (week 26): Trouble
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Boy oh boy, was I in trouble today. OldSmoothie telephoned me in chambers wanting to know what had been going on in the case. I updated him about the extra evidence.
âYou what? You've put in some random documents that some random person randomly gave you in the back of a random cab?'
âWell, it wasn't quite that bad,' I answered.
âWhich bit did I get wrong?' he demanded sarcastically.
âWell, the alternative was to turn a blind eye to what may be devastating evidence for the other side, and it's not as if we've got much of a case without it.'
Eventually he calmed down but only to the extent that his parting words on the subject were, âWell I just hope for your sake this evidence comes up trumps because otherwise I wouldn't like to think of the wasted costs you might have to pay the other side.'
What I didn't tell OldSmoothie was that this week ScandalMonger has been slowly leaking the various bits of evidence to the press. He's told me that tomorrow he'll be releasing the damning memo in which the telecom company, in effect, admits that they know their high-powered mobile signal is dangerous.
Just in time for his share-selling deadline on Friday.
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Thursday 27 March 2008
Year 2 (week 26): Warning
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Eight o'clock this morning and the memo was faxed from an anonymous contact of ScandalMonger's to all the major news agencies. OK, it wasn't headline stuff in itself but it was sufficient to make it newsworthy in the city and since the markets opened, the telecom company's shares have fallen by over 60 per cent. This is on top of a steady decline over the last couple of months.