How to get your lawyer off-side

[telephone rings]

Me: My Law Firm, Me speaking.

Client: Hello. Could I please speak to Mr Oanh?

Me: Yep, that’s me.

Client: Could I please speak to Mr Oh-arn-huh? I’m sorry, I cannot pronounce the name.

Me: That’s fine. It’s a difficult name to pronounce when just reading it. It’s me.

Client: But I need to speak to Mr Oh-arn, I think.

Me: Yep, that’s me.

Client: I’ve got a letter here from Mr Oh-arn, a solicitor.

Me: Yep, that’s me.

Client: Oh. [pause] You’re my solicitor?

Me: Yep. [What I don't say: But I sure as hell don't want to be anymore]

I am much less helpful than I could be in this telephone conversation. I have guessed who the caller is, and I know why he is calling. But, because I am riled, the rest of the conversation goes something like this.

Client: Um, well, I’ve got this letter.

Me: Yes?

Client: And um, well, it’s very long.

Me: Yes.

Client: Um, well, um, I think, um.

Me: Have you read the letter?

Client: Um, well, no.

Me: No?

Client: It’s very long.

Me: I see.

[silence]

Client: Hello?

Me: Yes.

Client: So, what do I do now?

Me: Why don’t you start by telling me who you are?

Client: Oh. I’m Mr Sexist Client.

Me: Okay.

Client: So, what do I do now?

Me: Read the letter.

Client: Oh.

[silence]

Client: Hello?

Me: Yes?

Client: The letter is long.

Me: Yes.

Client: Um.

Me: [sighing] Basically, the letter is our terms and conditions for acting on your behalf. At the end of the letter, I ask you to telephone me to make an appointment. I assume that is why you are telephoning me? Would you like to make an appointment? [what I'd rather say: Would you like to instruct some other solicitors? You know, ones who are male?]

Client: Oh. Um, well, do I have to come in?

Me: I could advise you over the phone, but I would prefer to meet with you in person, at least initially. You don’t live that far away from our offices. We are easy to find and have car-parking out front and are near a bus stop, if you do not drive.

Client: Can’t I just sign the contract, and you sign your part?

Me: No. You could just sign the contract, but I won’t counter-sign to say that I have advised you, when I haven’t. Either you come in, and I advise you and then counter sign, or you find another solicitor who would be prepared to counter sign when they haven’t advised you. I do not know who to refer you to in those circumstances.

Client: Oh. Can I come in today then? How long will it take?

Me: I’m busy today. I’m free tomorrow. It will take about an hour.

Client: An hour?

Me: Any time tomorrow afternoon that you’re free to come in?

Client: Okay.

[we make a time that suits us both]

Me: Thank you for calling, Mr Sexist Client. Please read the letter, and see you tomorrow.

Me, after placing the handset into its cradle: Bloody hell. Stupid client.

Smoke starts streaming from my ears, and nose. The pupil of my eyes are probably blood red, and I bet I could whither inanimate objects with a glance. I have to take many deep breaths before I am calm enough to telephone our receptionist to book a meeting room. Most. Aggravating. Client. Ever.

Update: I had my meeting with the client. Usually, I am fairly conservatively and severely dressed, with my hair pulled back into a ponytail. But I decided to go all out for this client: I let me hair down, and brushed it; I wore a blouse and unbuttoned the buttons a little lower than I would normally; and I used a pink highlighter to take my meeting notes. Take that, Mr Sexist Client.

He was, in the end, actually quite nice. But I’m still annoyed.

Instructing barristers

What’s with the pink ribbon tied round a bundle of documents? I thought it was a quirk of Queensland lawyers, but the ribbon has turned up in the UK as well! I guess we inherited more than the queen, our political and legal system, a good smattering of our education …

I recall being the junior solicitor in a matter that I had done quite a lot of work on – prepared the witness statements, the bundle of documents, the brief to the barrister. I did not attend the first day of the trial because the partner in charge wanted to see how the new barrister we briefed performed, and because we expected it to settle. After the first day of what was looking to be a lengthy trial, she asked me to attend the rest of the trial as instructing solicitor instead. She had guaged the barrister’s ability and had given him the nod.

So I turned up on day two, having read through the partner’s scrawled notes of what happened on day one. No settlement offers made – barrister on the other side had suggested we withdraw. Partner in charge had politely declined. I introduced myself to my barrister and went to introduce myself to the instructing solicitor on the other side and his barrister. As I stepped from my side of the bar table, both opposing solicitor and barrister turned away from me. I raised an eyebrow at my barrister who looked a little taken aback; I did a half shrug and took my seat. I had a whispered conference with my barrister and then left the courtroom to go find our client.

When I came back from my short and harried lunch, only the opposing barrister was seated at the bar table. I smiled at him and he ignored me, so I sat down at my seat conscientiously rifling through my papers and re-organising the mess my barrister had made of our bundle. The opposing barrister was struggling with his own bundle, tied with the lovely pink ribbon that seems so popular in the legal world. He finally turned to me and said, “Miss, Miss?” I ignored him, pretending to be engrossed in my own bundle. He slid his chair over closer to mine and said, “Sorry to interrupt -” right up close. No more ignoring. I looked up and said, “Yes?” He passed over the bundle, lovingly bound, and asked, “Could you untie this? I don’t have any nails.” “Neither do I.” I said, flatly, holding up both my hands. “Sorry.” I said, not meaning it. “My name’s Oanh, by the way. Sorry I did not have the opportunity to introduce myself properly this morning.” He shook my hand and said his name. I then proffered the pair of scissors that I had in my briefcase.

Some barristers need instruction on simple courtesy, and a little feminist tutoring, too.

A reflective moment

It’s the season to be reflective. So this is me reflecting.

What a miserable blogging year I had. It started off oh-so well, with a blog every week. Every week! And then I discovered (in no particular blameworthy order) Facebook, Online Scrabble, and English summers. There was also the minor matter of my ongoing work-life crisis*, which I am still contemplating whether or not to blog about.

*That’s crisis in the current newspaper language. In that it’s been stop-start since the beginning of the year and no one is probably going to get hurt, who has not got hurt already.

So, Facebook. It’s a great timewaster. I joined just prior to my “becoming a UK solicitor” exams, and spent hours prettying up my profile, loading the books I’d read and movies I’d seen this year and searching the likely and unlikely suspects whom I thought would have joined Facebook. There was a cacophony of internet squeals as old friends from high school and my uni years found me, and kept thinking I was in London. I’m in South East England. Not London. Following on from the internet squealing, I made a number of treks up to London where ‘real life’ squealing was indulged in, as well as delicious (but rather expensive) meals. My tummy and my heart swelled, and then I returned to my everyday life, one weekend and many pounds poorer. I have, more or less, kept in contact with these rediscovered friends. I am at best a sporadic correspondent (hard to believe, I know), so the mere fact of contact every few months or so is a reasonably good thing.

And then Online Scrabble (or rather, Scrabulous) found me. I don’t remember how it all started (the whirlwind of the romance, you see) but, rather quickly, I found myself playing at least 5 games simultaneously. Indeed, I have not played less than 5 games simultatneously since I started playing Scrabble online. This is probably not all that many in comparison to other people. But my time is not my own. From the hours of 9am until 6pm most days, I am required to account for at least 100 six-minute blocks of my time (except for lunch). “Playing Scrabulous” is not a billing code for which I can, ethically, charge clients. I am learning to accept that I will not play a move in every game, every day. And I’m okay with that.

English summers came upon me as a strange, and very pleasant, surprise. Living in Queensland one is not privy to the joy of daylight savings. I guess when one is close to the equator, and generally without seasons anyway, the length or brevity of the day is not really that pertinent. But oh! the length of the English summer days! What joy, what bliss! All those hours to fill with hills to walk on and food to eat and drink to imbibe and friends to visit and music festivals to attend. I had a fabulous but exhausting English summer, in which every weekend – and most weeknights – was filled with some activity. This seeped into English autumn as well, because the trees changing colour was just oh-so exciting, that I had to be out there *looking* at it. And here I am, in the middle of English winter, still pondering the joys of seasons. I love the cold. I grin maniacally as I cycle to work, infecting or disturbing my fellow non-car commuters with my four-year old joy at the frost, the biting cold, and the hope for snow.

And here are some maunderings about me & my work, or my work & my life, or my life, which is mostly my work:-

I remember being quite passionate and *into* my work when I initially started in full-time employment. My job then was more research oriented. I then started work in a private practice firm – I had previously worked in a private practice firm as receptionist / research clerk / general dogsbody and quite enjoyed it. I would have wildly fluctuating levels of enjoyment of my work, but I was also given a lot of freedom to do what I wanted if there was nothing else for me to do. Some days I would be holed up in the library researching, or typing madly, and others I would be surfing the net or reading a novel.

In full-time employment, I worked efficiently and well (I think) and liked best researching an area of law to make a legal argument. My favourite piece was a successful submission to an appeal tribunal: my written argument was incorporated, almost wholesale, into the tribunal’s judgment. It was also a great piece of work because I overcame some major personal issues with the client and the facts presented to me, to make that legal argument. I knew when I was able to do that, that one of my major concerns with being a lawyer – the extent to which my prejudices would affect my work – was overcome. That was a great moment for an articled clerk.

I also liked the client interaction and just fitting the facts of their problem to a legal solution. It was, mostly, satisfying work. But there were lengthy periods when I questioned the value of what I was doing. Who was I helping, and why?

Then, I started working in commercial law. Although the work was pretty dry and there was very little client interaction, I found the mechanical work satisfying in its odd way. And it was very clear who I was helping and what I had to do to help them. I was helping a company make more money. Simple. I could put up with it because I knew it was short term, and I got given smaller pieces of research to keep me interested in the law (my bosses knew I liked doing research, and that was supposedly rare). It was like doing factory process work: satisfying when it’s done for the simple reason that it is now done. But there’s no bigger meaning behind it. Or what bigger meaning there was, was much too long-term and big to be comprehended.

I am now in an area that I believe I want to remain in. But I am not always happy. As a matter of fact, I am sometimes bored. Part of this is my own fault, and not the fault of the work. I could engage myself in it, but I don’t. I think some part of me has changed, and I don’t love doing this as much as I used to.

The things I like about being a lawyer is fitting a factual problem to a legal solution. What I don’t like is that you may not agree with the outcome that you are assisting your client to obtain.

I did say something in a random conversation with my boss which surprised me as being both accurate and true (in that I did beleive it). I said that there is no reason why the people whom we help have to be deserving of that help. If they have the legal right, than we can assist them to assert their right. They don’t have to be deserving people. Money should not be the barrier to people asserting their rights – but it often is.

It is very clear who I am helping now – each of the individuals who come my way – and why. It is tangible. But sometimes, I don’t agree with it. And sometimes, I don’t like it. And sometimes, I’m bored of it. Each of those feelings happens to me every day. And each work day seems to involve some navel gazing on my part. (Navel gazing is also not billable time, in case you’re wondering).

Working in the law, on the side of the individual, is not satisfying work. Because you have an almost insurmountable opposition (the case law, the legislative law, the sheer weight of resources on the other side), but you have to believe that your meagre presence is worth something. That asserting a legal right, even if the odds are poor is important to the whole legal structure.

I believe this, and yet it is a hard pill to swallow. To put it into practise everyday is hard.

My 2008 looks set to be more of the same. I don’t expect to come to conclusions about how I feel about my work. I do expect to post more often. Let’s see how I go.

Happy New Year, all and sundry.