Day 106 (week 22): Instincts

Spent some time with the Boss today. He’s been asked to write a summary of his case in the complaint against him in front of the Bar Standards Board. Hmm. The question in effect boiled down to, “What do you have to say which can possibly mitigate your amending Chambers’ records and fraudulently deceiving your solicitors that it was them and not you who had missed the limitation deadline for issuing a case”. And the answer…“Not a lot.” Poor Boss. At least he’s now made the decision to plead guilty and aim for reducing his sentence. He’s almost certain to get suspended for at least a year and maybe even permanently. It depends what he comes up with. My guess is that he’ll go for stress brought on by a wicked wife who had driven him into the arms of one of his instructing solicitors. The pressure was all just too much. Yeh, right. Let’s just hope there isn’t a woman sitting on the tribunal, for his sake.

He will also almost certainly get kicked out of Chambers. In fact, it’s surprising that he hasn’t been already and there’s definitely an element of blood being thicker than water running through the place. “One of us” and all that. Anyway, if he keeps his sentence down, he’ll still walk into a lesser Chambers. There are plenty of places at the moment that are desperate for barristers prepared to pay the rent. He’s also likely to get the work back. Solicitors are rarely aware of any barristers’ professional misconduct history. He’s even started to perk up on occasions and has mentioned that he might try and get his divorce settled during any period of suspension at which point he will be penniless and therefore any settlement will be very much less than if he were still in Chambers. Yes, so insane that he’s already got an angle to profit from his own misfortune. Of course.

Meanwhile, Battleaxe, his sturdy instructing solicitor and erstwhile mistress has remained faithful both in her affection and, luckily for the Boss, in the work that she continues to provide. In fact, such is the disdain of the clerks for the Boss at the moment that she is almost his only source of work. This means that he’s more often than not in late and leaving early which is just perfect if you’re his pupil apart from the mood swings that come with it.

In the meantime, this week, TopFirst’s been trying to chummie up. The only reason I can think of is that like me he’s realised that the other two are history and it’s a straight fight between the two of us. Plus, maybe he figures that in a showdown, he’s not going to be second to draw. Not that I think he realises any of my role in the downfall of the other two. But “instinct can be a powerful thing” as Old Ruin has often drummed into me. “Follow your instinct, BabyB. It’s worth a hundred times more than the limited amount of evidence which ever makes it into a court room.”

I do like OldRuin.


Anonymous said...

OldRuin seems how a barrister should be.

Root said...

I do not want to bring too much of my cynicism to bear but I would not want to be a barrister for all the Rioja in Chambers there might me. The reason is simple. Courts and judges now are so erratic and have so much *discretion* to do *justice* that the barrister scarcely makes any difference. Certainly in civil litigation there is no law or even principle of law that can not be turned on its head at the drop of a hat under a whole ramp of potential provisions. The CPR is a snakepit of judicial voodoo, masquerading as reform. As the legal process is widely practised neither the law or the evidence are followed at all.
I would find that really depressing. Our judges would not get off the grid in the US. They would be run out of town for interfering. There has even been a case at the ECHR where it was found that a judge had incommoded counsel. It did not take much reading between the lines to understand what the innuendo of the case really was and there is absolutely no suggestion that the judge had been drinking. I can also think of at least one appeal where early onset senile dementia seems to have set in at first instance. And the CA very nearly said so. And Previtè sitting at the Strand heard three applications in a week once and all three were appealed. 2 were overturned and the third was a travesty.

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