Wednesday 29 July 2009

Another week

Another week has zoomed by. I'm now managing my cases, and fitting these around the various tasks that are sent my way. My managing partner asked me how my workload is - shouldn't be twiddling my thumbs, but definitely shouldn't be pulling out my hair under an unmanageable weight!

My own case load is growing. I'm finding it much more useful progressing my files, as I have to know (or find out) all the various procedures / forms, assess whatever I need to know about liability and the losses or injuries suffered, and get the necessary evidence. Some of it is quite interesting - such as finding out in detail about industrial processes.

I've begun to notice how much some people despise their jobs. Some people have to put up with pain and discomfort, which they can't avoid. I've also had a few interesting dealings with witnesses. In one day I had both ends of a spectrum - a witness who was just not interested in revealing anything - it was like pulling teeth - to another witness who had been made redundant and hated his old employer. He was desperate to dish the dirt.

My Law Society ID card has finally arrived. Now I can waltz into court without being searched, and without having to queue with everybody else. Unfortunately the arrival has coincided with the inevitable decline in opportunities to actually use it! My workload is increasing, plus there's a new trainee starting on Monday, so we'll have to take turns in going to court.

Wednesday 22 July 2009

Proof

Sat in on a proof today, which was brilliant. It's very different to all the procedural stuff that goes on beforehand - in some ways looks easier, as you'll have specifically prepared for that and know the file, but in many ways harder as it's down to advocacy.

It was also interesting to watch. The solicitor I was with doesn't have huge experience of proofs, and was up against Mr Slick - the partner in his firm, who used every trick in the book - it was clear he hadn't done the preparation and ground work and instead relied on his impressive gravitas and advocacy skills.

I was hoping for a decision soon, but sadly the Sheriff (who wasn't shy to intervene) said that as he has so many on which he's taking avizandum, it will be 10 weeks to find out whether classy advocacy beats preparation and quality evidence.

Tuesday 14 July 2009

Working on my own files

I'm enjoying working on my own files. I'm getting to work out just what to do, what I need to find out to assess liability - who I need to speak to, what other evidence I need, and what the law is.

At the same time, I am responsible to the client. Although ultimately I am supervised, I still obviously strongly feel that I don't want to let the client down. I'm being extra diligent!

Saturday 11 July 2009

Bad Law

Am beginning to learn about bad law. How does it come about? I've seen 2 types so far.
One is law lords down in London coming to inexplicable conclusions - with detailed reasoning that doesn't match the outcome, or follow statute (thought they weren't supposed just to make it up!). It makes it hard to know the law and predict an outcome.

The other can be blamed squarely on lawyers who don't consider the issues, prepare properly, or have poor advocacy. There will be a decision or an award that is out of line with what the client should have expected.

The upshot is that it makes it everybody else's job much harder! Bad lawyers mean bad precedents for their colleagues later on. It also means you have a responsibility to do your own job properly or you risk messing things up for everybody else!

Thursday 9 July 2009

Clients

Had my first disappointing client experience today. Having spoken to some witnesses, it looks like the client's take on what happened doesn't exactly match what happened in reality, and that the client is hardly the innocent party. I guess it's part of investigating any claim and finding out now saves lots of wasted expense and possibly very red face in court!

On the other hand, had a couple of comedy moments taking client statements today. One factory worker said that his colleague had said "Oh my goodness, I have cut off the tip of my finger!". When I asked him if that's exactly what he'd said, he admitted not exactly, it may have been in slightly stronger terms.

Another comedy quote was from a friendly girl who had witnessed an accident on the other side of the road. I asked her where it happened and she helpfully said "I was on the left, and the oncoming cars were to my right on the road". That settles that then!

Tuesday 7 July 2009

Settling in

I'm beginning to feel like I'm settling in and getting into the swing of things. Work is being handed to me routinely (well a bit more than routinely... NQ in the office is passing me tonnes!) and I'm also dealing with my own caseload. The task now is not to work out what to do / how to do it, but has moved on to managing it all - doing the right work at the right moment and making sure it is properly time recorded.

I'm also finding that I'm chomping at the bit to progress and investigate my own cases. My other half asked me how much investigation I need to do, and whether I trust my clients. The simple answer is that if they were telling porkies, I'd be wasting my time if it got as far as court - you can be sure the other side will have checked out everything they can.


Friday 3 July 2009

And I thought intimating someone elses claim was exciting

SO yesterday I was excited about preparing to imtimate a claim. It was a file I had worked on, but it was a colleague's file.

Today I'm getting ready to do the same for one of my own clients. Have to admit that it's really exciting. I've done it all myself so far, and it's all down to me (and up to me too). It always helps that I like the client, who has been hard done by. That's what it's all about.

Less exciting things today included preparing a bundle for an advocate, which was a fairly big task. And annoying a solicitor with too many questions so that in the end I had my head bitten off a little... guess it goes with the territory!

We're off to a training day next week. Apparently one of the other new trainees, due to start fairly soon, will be there. Will be nice to meet them, hope they don't show me up!

Thursday 2 July 2009

a mad day!

Totally crazy day today. Started off quite excitingly - prepared my first intimation of claim, kicking off the process officially.

After that the work just started piling in! My to do pile grew madly. At the same time every client wanted to chat. While I was on a call the voicemails came in. While I listened to the voicemails more voicemails came in! Did enjoy talking to clients and witnesses today though, everybody was being helpful!

I guess this is how its going to be. Enjoyed it but, it really teaches you to prioritise!

Wednesday 1 July 2009

Meeting a friend

Finally met the first of my diploma buddies to have started his traineeship. I knew there was someone else out there and that I was not the only one to have started! He looked very professional and grown up (more than I do!).