Newsflash... I'm not a trainee any more!
Saturday 18 June 2011
Thursday 17 March 2011
Big proof... on liability too, complete with witnesses
Have had a bit more fun at court recently, hotly opposed motions, and even a day where I sat through the whole morning to discover I had turned up on the wrong date... (it had been changed... a lesson to check the rolls when you come in!)
This week had my first proof on liability. A whole new ball game, with lots of things to prepare for (and I did LOTS of preparation) - including preliminary matters, witnesses who disagreed on facts, and actual law to be argued.
The hardest part was dealing with the witnesses and productions. There were lots of documents. Sounds obvious, but it hadn't occurred to me that you need someone to speak to them so they can be part of the evidence. Had a very patient sheriff who (luckily for me) grasped everything quickly. He asked plenty of questions, asking the witnesses questions throughout. He clearly just wanted to get to the point without wasting any time.
Dealing with the submissions was more fun than the witnesses. I had prepared extensive and detailed submissions but it was more of a discussion of the law with the Sheriff. He asked questions as I led him through, but he didn't require details, clearly grasping what was being said, though it was handy to be able to back up what I was saying from time to time. The preparation was worth it as at least I (kind of) knew what I was talking about.
I was also very lucky on one point - I was relying on a set of regulations and had looked into a particular amendment on the offchance the day before the proof. The old regulations would have killed my argument and the sheriff wasnt aware of the amendment. Phew.
So it was brilliant to win, facts and law accepted. Returned to the office and was cheered on the way in (nice!) to learn that we had previously had limited success in convincing decision makers on this particular point in the past. So happy days!
A lot of effort, and a little stress, but a total buzz at the end!
This week had my first proof on liability. A whole new ball game, with lots of things to prepare for (and I did LOTS of preparation) - including preliminary matters, witnesses who disagreed on facts, and actual law to be argued.
The hardest part was dealing with the witnesses and productions. There were lots of documents. Sounds obvious, but it hadn't occurred to me that you need someone to speak to them so they can be part of the evidence. Had a very patient sheriff who (luckily for me) grasped everything quickly. He asked plenty of questions, asking the witnesses questions throughout. He clearly just wanted to get to the point without wasting any time.
Dealing with the submissions was more fun than the witnesses. I had prepared extensive and detailed submissions but it was more of a discussion of the law with the Sheriff. He asked questions as I led him through, but he didn't require details, clearly grasping what was being said, though it was handy to be able to back up what I was saying from time to time. The preparation was worth it as at least I (kind of) knew what I was talking about.
I was also very lucky on one point - I was relying on a set of regulations and had looked into a particular amendment on the offchance the day before the proof. The old regulations would have killed my argument and the sheriff wasnt aware of the amendment. Phew.
So it was brilliant to win, facts and law accepted. Returned to the office and was cheered on the way in (nice!) to learn that we had previously had limited success in convincing decision makers on this particular point in the past. So happy days!
A lot of effort, and a little stress, but a total buzz at the end!
Monday 31 January 2011
First proof
Finally had my first proof - a feat in our office as most cases tend to settle unless there really is no chance of it. It was in an out of town court, and after tonnes of preparation I thought I was ready. I headed down feeling semi confident. The sheriff gave me a slightly hard time (but wasn't seriously bad and could have been a lot worse!). The opposing solicitor impressed me a lot (lessons taken). It didn't all go according to plan though and at the end I didn't feel as good about it all as I thought I would. And I didn't know if I had won - the Sheriff opted to think about things and give a written decision.
I then spent a while worrying about losing (yikes). It was like waiting for exam results.
2 weeks or so later and it arrived without fanfare. It was an excellent result for us, and it's a nice feeling to get congratulations from the whole office and a handshake from the boss...! Obviously I've not set any precedents that law students will be learning about and quoting for generations to come but I'm still delighted!
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