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Edition 1DX TUE 11 SEP 2001, Page Law 12
How to be the perfect lawyer - Henry Milner
Setting the Scene: you have just turned 40 and you've been cutting
a sharp figure down at the Old Bailey for the past couple of years
(or so all the female pupils in chambers tell you). You have jettisoned
your heavyweight chalk-striped suit for one of the finer Italian
variety; and your grandfather's pocket watch has been "heirloomed
off" in favour of an understated number from one in a fashionable
salon in Geneva.
You're a premier league player who could call on half a dozen High
Court judges to give you a five-star rating. Your clerk has assured
you that you are flavour of the year with virtually all the notable
firms of criminal solicitors.
Well -very respectfully -here is a list of do's and don'ts to put
under the fridge magnet right next to your letter from the Lord
Chancellor's Department notifying you that the Queen has granted
you a licence to print money: Try a little modesty: Never claim
that a victory against the odds was due to your brilliance (and
least of all to your instructing solicitor).
Most solicitors are just about capable of forming their own opinion.
Bragging "I got him off" is as welcome to a solicitor's ears as
news of a Friday night conference at Wormwood Scrubs. Far better
to put on a look of stunned disbelief at the verdict -no one believes
it, but it never fails. False modesty at the Bar is a sure-fire
winner. Don't be mean: Don't "cheapskate" it with your car or your
solicitor. What is the use in his assuring the client that you are
"the man to see" if you roll up at court in a rusty Mini and park
it next to your client's Porsche?
"Maintaining your right of silence" when a restaurant bill arrives
might prove a short-sighted economy. Let your temper rip: What is
possibly the most memorable sight any of us have witnessed at Wimbledon?
Answer -John McEnroe losing his temper on Centre Court. It is the
same at the Bar.
Nothing is guaranteed to ensure your next private brief more than
a flaming row with the prosecution in court in full view of your
client (the jury will love it, too). Your delicate submission of
"no case to answer" will never be the subject of whispered conversation
at Belmarsh. But the news of your stand-up row with "the pros",
moaning about the unnecessary brutality in his cross-examination
of your client's common-law wife, will reverberate for years from
the Blind Beggar pub to the Old Kent Road as conclusive proof that
you are not a brief who "sells his client down the river".
Avoid the cliches: Do you groan at Christmas when you find you
are being offered a repeat diet of the Sound of Music, My Fair Lady
and The Great Escape on television? Well, the legal equivalent are
the cliches on parade endlessly at the Old Bailey. Expressions such
as "let's take this in stages" (a euphemism for "Slow down -I haven't
got a clue what you are talking about"), "as far as my client is
concerned" (I don't really have anything very relevant to ask you);
and, worst of all, "there is not a scintilla of evidence" (Judge,
we all know he is guilty -but the law is the law!), call for nothing
but an overdose of Rennies by anyone present. Try bowling the occasional
googly; you never know, you may snatch a surprise wicket.
Conclusion: To be England's answer to Clarence Darrow, dress expensively,
drive a fancy car, don't boast, avoid cliches, lose your temper
in court, and pick up the occasional tab at El Vino's -and, oh yes,
it might help to know a little law as well.
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