The Boss arrived in this morning and put forward a solution: that I would forget that I had even seen the papers. He would then write a short advice and print it off for his own records dated July 2006. This would include a gentle reminder about limitation. He would then change the records in Chambers showing the papers had been returned in July along with the advice and a fee note. One of the advantages of giving members of Chambers full access to their own parts of the system. Come Monday, he will then ask the most junior clerk to phone the solicitors politely asking about the progress of the case. So long as he can show that the papers were not on his shelf, the responsibility then lies with the solicitors.
I have to admit that I was utterly shocked. The Boss explained that he’d had a misconduct issue in the past and that if this came out it could be the end of his career. Also, it was only a tiny thing. Just amending the records. Not a big deal and ultimately it would be the insurance that would pay up if anyone. Furthermore, the solicitors were in the wrong even if he hadn’t sent an advice. It was just an adjunct to their primary liability in any event. All not a big deal. Just making it all clear.
I have to admit that in the heat of the moment, I kind of saw this as a bit of an opportunity. I asked him how it might affect my pupillage.
“Only positively”, he replied.
The deal was done.