Saturday, 20 September 2008

Tony Blair on the Daily Show with Jon Stewart

Tony Blair recently appeared on what has to be my favourite thing on television at the moment: The Daily Show with Jon Stewart. I really can't get enough of this show: it is just so funny in its righteousness. I've watched the show religiously pretty much all through this year. Yep: I can remember the early primaries in the current election cycle and how they were 'documented' by the show. Basically, Stewart takes to town lots of different television commentators on political issues and demonstrates how ridiculous some of their ideas and views are. There is, obviously, a continuous thread of Bushisms which is always very funny.

I have seen Ricky Gervais appear a couple of times as guest on the show and both times it was such a treat - it really made me laugh my heart out. This week Tony Blair was to appear on the show and so again I thought it would be quite interesting. Maybe Stewart was really going to take him to town over his relationship with George Bush or maybe focus in particular on the war in Iraq. It turns out both of these issues were covered equally and the interview segment of the show was especially doubled to accommodate this. Having not heard Blair speak for such a long time, it was quite strange hearing his voice. He looked pretty fit - I think he's lost weight and got a bit of a tan. However, he was also pretty hesitant and not at all that engaging with Stewart like some of his other interviewees are. I guess that's because not many of his interviewees are former leaders of countries though. There was a great part in this interview where Blair says: 'No two democracies have ever fought each other'. Stewart points to Argentina and England, Blair manages to wiggle himself out of that one though.

I really recommend the show. Here is the Blair interview (its in two parts):



Tuesday, 9 September 2008

A decision made...

So I guess I haven’t done well in keeping by blawg up-to-date recently. For that, I apologise. Basically I have had a lot on my plate. Big decisions to make; different legal experiences to complete; and, of course, lots of enjoyable summer reading to do.

Regular readers of my blog will recall that I was a late applicant for a place on the BVC. For a long time, I simply believed that I wanted to be a commercial solicitor and blindly went about trying to secure a training contract. This Summer I did a vacation scheme at an international commercial law firm. I also completed my first mini-pupillage. I finally decided to take a year out. My intention is to commence the BVC in September 2009. I am not completely sure what I will do in the meantime. I will endeavour to complete more mini-pupillages. I should probably find some gainful employment somewhere which could either be a useful addition to my C.V. or, more likely, helpful in paying the BVC fees.

This was one of the toughest decisions I have ever had to make. Looking back now, I feel there was a period whilst at university where I should have been more forward-thinking like many of my peers. When you consider how much law students at the same institution talk amongst themselves about their future career plans, it is quite shocking how I have been able to delay giving even a small amount of thought to what I want to do after university. I ask you to forget though, dearest blogreader, how late I came to the party and instead to rejoice in the fact that I turned up at all.

I should add a note of appreciation for some of the other bloggers whose blogs have been useful in helping me come to this decision. Through reading your blogs and understanding the difficult journey to becoming a barrister has been very, very helpful. Its not just the particular details of what it is you are doing and how you feel about it that has been helpful, it’s the fact that you chose to pursue a career in a profession that is notoriously difficult to enter into. As someone who blindly accepted a potential legal career as a commercial solicitor because of the obvious perks and supposedly glamorous lifestyle, I do value the determination and passion that someone who is looking for a career as a barrister needs. Beyond any other means, it has been through reading many of your blogs (especially those listed down the side of this blog) that I begun to understand this.

Actual experience of the different sides of the profession has been very helpful too. In short, I absolutely hated the two week vacation placement that I did at a commercial law firm. In contrast, I wholeheartedly enjoyed the time that I spent on a mini-pupillage. I loved every minute of the time I spent at chambers and in different courts I visited. At the end of the vacation scheme I was on, a fellow student asked me:

“So, Lackie, what was your favourite part of the scheme?”
I thought about some of the fantastic individuals I had met at the firm: the partners and associates who did their best to involve me in the deals they were working on and the trainee solicitors who went out of their way to ensure that I enjoyed the two weeks I spent at the firm.
After thinking for a while, I replied:
“Well, I thought visiting a Court on Monday to observe that commercial case and have a chat with a Judge in his chambers was the highlight. How about yourself?”

What can I say? I told the truth and really that was when I realised that I’d finally found something I felt good pursuing. A career as a barrister, that is.

Tuesday, 26 August 2008

Apologies....

...for not posting on this blog for a while. I have been kept busy with my vacation placement at a commercial law firm which finishes at the end of this week. Readers of my blawg will be aware that this was my summer of reckoning - when I would finally decide whether to do the BVC or not. I do believe that I found my mini-pupillage infinitely better than the vacation scheme I am currently doing. My experience of the latter has not been that different to Android's experience at her new job.

I still haven't finished blawging about the final two days of the mini-pupillage I did earlier this Summer. I shall get round to that soon. In addition I will probably blawg about my experiences of working at an international commercial law firm; so you have all that to look forward to.

In terms of what I will be going next i.e. in September. I still don't know. I am still in touch with different BVC providers to see if they have any places that they can offer through clearing ('clearing', incidentally, is what it is actually called - its not something I just made up and just assumed to have always been there; I mention this because more prepared folk are unlikely to have heard of such a thing being available). Anyway, I am keeping my fingers crossed that something will come up.

What else? Well I have continued to maintain my interest in the American Presidential elections and in particular, the Democratic National Convention happening now in Denver. I absolutely love these Conventions - I think they are absolutely fantastic; really great to watch and Democracy in action. I enjoy the hair-raising speeches, the nomination process involving all the different States of the USA which are brought together. I have watched all of the first night speeches and thought it was great. Especially Michelle Obama; but also Ted Kennedy.

I must add that I am a little uncertain about Obama's choice of running-mate: Joe Biden. Admittedly, I am still learning a lot about him. My main problem is that I don't see how he can usefully help Obama win the Presidency in November. Recent polls back me up on this claim.

I have not been surprised at all that the race is becoming increasingly closer with Obama and McCain virtually neck-and-neck. McCain has benefited a lot through his negative T.V. adds against Obama. I think this just shows that he is running out of ideas. I think the closer we get to November, the less he is going to have to be negative about that he hasn't used already. Also, I am expecting that Obama's numbers are going to go through the roof when the Denver Convention is concluded and he emerges officially as the party's nominee. I don't believe that McCain will get a similar boost following his party's convention. And, if he picks Romney as his running-mate, I think he will have handed the race to Obama & Biden there and then. On the other hand, if he picks a very different kind of running-mate - the female kind - I think we could see something very different happening. I think that there are a lot of female voters that will turn to the Republicans and away from Obama and the Democrats. This will undoubtedly be costly to the Democrats in November. There are two groups of people without which any Democrat in the U.S. would not get elected to office without: Women voters and African-American voters.

I should add that I entirely understand why Obama didn't opt for a female running-mate. If he wins, his administration will already be ground-breaking: the first Black President. You can't staff a new administration or the Democratic ticket like an arc.

Friday, 8 August 2008

Mini-pupillage - Day Three

Spent all of the day three in a county court observing a family law case. I was shadowing a different barrister today called Peter. Peter had been with Chambers for about 10 years now. As with most of Chambers' members, he had established broad practice areas, including: criminal, family, civil and a few other more specialist areas. Peter is quite possibly the most-liked member around Chambers and amongst other barristers. I found him to be a really interesting guy that was good around other people - especially Chambers' most recent members.

Peter was representing a mother in her early thirties who was seeking a non-molestation order against a physically and verbally abusive partner. Prior to the arrival of both the applicant and the respondent at court, Peter took time to explain to me what the case was about and he showed me the bundle that he had been given about the case. On the face of it, it was an open-and-shut case - the non-molestation order could easily be granted because there was plenty of reasons for it being in place.

Peter then met with the applicant in one of the court's conference rooms. Also present were the applicant's instructing solicitors. The main issue that was being discussed was the actual details that would be contained in the non-molestation order. This was quite difficult. The applicant did not want, if possible, the respondent to be any where near the family home. However, she was also keen for her partner to be able to work, earn money and contribute to the mortgage they were paying off. In order to do this, her partner had to be able to work in the garage which was on the same land as the family home. This didn't seem to be much of a problem at first. OK: the respondent needed access to the house to use the toilet; but apart from that, there was no reason that he should have to interact with the applicant in any way. Things didn't turn out that way though. The applicant turned out to be a fairly compassionate person and had quite strong feelings towards her partner which she recognised that she shouldn't really have, having suffered physical abuse from him. Peter had the difficult task of trying to anticipate any problems that may arise and dealing with those; but also thinking about the applicant herself and explaining to her what her position would be if she was to her partner into the house willingly and then suffer harm from him.

When we first went before the judge he was mostly concerned with the children's safety and well-being. In one previous incident, the youngest child had sustained a bruise to his eye from the fighting between his parents. So the judge wanted a CAFFCASS representative to look over the case and advise him of the child's safety before he gave the green light to the non-molestation order drafted by Peter.

After a series of meetings with a CAFFCASS officer and long time waiting for him to interview the respective parties, we went back into court again with a slightly different non-molestation order which included changes recommended by CAFFCASS (but which was fundamentally the same in practice). He liked it and that was that.

By the time this all finished it was 16:00. Peter took me for some food and drinks and we had a very enjoyable conversation about some of his up-coming cases and major on-going cases in the news: Darwin the canoeist, Max Mosley and Robert Murat. He asked for my thoughts and shared his own. A very enjoyable end to day three.

Monday, 4 August 2008

Graduation is a beginning, not an end

I read a very interesting article in the Times today by Libby Purves: "The simple way to stop being uneducated".

Purves discusses various ways in which not having a University education isn't really an impediment to learning at all. The article is written after an interview that Keira Knightley gave to a magazine. Knightley states that she is "completely uneducated" because she did not go to university. Absent the point that nobody would notice whether Knightley attended university or not, Purves argues that she has been able to get a more meaningful education and through a better route.

Libby Purves writes: "The poor girl is currently wading through a biography of Albert Speer, a history of the Vietnam War, Mary Wollstonecraft, and Germaine Greer's hoard old Female Eunuch". With dyslexia, too. What a heroine. Meanwhile, innumerable men and women who have university degrees - and therefore no chips but a sense of 2:1 superiority - will be on the beach happily sinking themselves in moronic chick-lit and Jeremy Clarkson."

All very true, I thought. I go get the feeling that many students treat their university education as an end rather than as a beginning. But a university education should have a much greater role than just being another line on a curriculum vitae. The skills and interest levels in learning that students have acquired over 20+ years of education can surely be put to much better use. Moreover, if this doesn't happen soon after leaving university, surely the mind goes stale and you eventually lose all worth of your education.

It is difficult, I acknowledge, to find time to do whatever it is that you find interesting. There's always increasing pressure to find work and pay off debts whilst simultaneously acquiring lots of new responsibilities.

I have to say, though, that these things whilst being troublesome for me too, haven't thus far prevented me from doing the things I wanted to do. Primarily, this means that all those books that I kept thinking I would definitely read at some point in the future, I have now actually come back to. I shall omit reciting all the reading I have done this Summer (may be at some point on this blog I shall talk about the odd book that really caught my attention) but suffice to say: its been very pleasurable and I do believe that I am spending more time in books each day than I did during my time at university. At first, I found this quite disconcerting; but now, helped somewhat by this article, I feel pretty good!

Saturday, 2 August 2008

Mini-pupillage - Day Two

Visited a Crown Court today with a different barrister from Chambers: Nick. I was told to meet Nick at the Crown Court. Its been nearly five years since I last stepped foot in a Crown Court. On arrival, I was asked by the security staff whether I was a witness or something (can't remember what exactly; surely they didn't say 'defendant', did they?). "No", I replied emptying out my pockets before passing through a metal detector, "I'm shadowing a barrister who is expecting me here".

I ended up waiting for about twenty five minutes in the entrance area. A security guard had made it known to Nick that I had arrived after about five minutes. This was all getting very tiresome. There I was seated in the main entrance watching people come and go. Whilst checking out the court announcer each time she passed me by, I began playing guess-what-the-person-who-just-walked-through-the-metal-detectors-is-here-for. I found that with the younger unknown people who walked passed me, it was quite telling to see what their reaction was to me sitting there. If they smiled and wanted to high-five me, they were obviously a defendant. If there was a group of such people, the one that acted in either of the aforementioned ways was the defendant and the others were his family or friends. The people that ignored me, I believe I am correct in saying were witnesses. The people that came in groups in dazzling white shirts and flashing silver badges were constables. If they were over-forties and chatted politely with the security guards, they were witnesses. Then there was a sixteen year old in a suit wearing geeky glasses and carrying a notebook - the work experience student, of course!

Nick then suddenly turned up.

"Are you Lacklustre Lawyer?" Yes.
"Hi, I'm Nick."
"Nice to meet you." (shake hands)
"You too. Allow me to explain why I haven't been able to see you until now. I had this case thrust into my hands just this morning and I got called into court in short notice without having any opportunity to grab you".
"No problem", I replied, "I figured something like that must have happened".

Then we continued up the stairs to the advocate's suite.

"So what was the case about that you got given this morning?"
"....". I'm afraid I don't actually recall what he said at this point. I do remember it being quite interesting though.

So in the advocate's suite we talked about the cases that he would be in court for soon. They were mostly probation breaches in which he was prosecuting and only one in which he was for the defence. We had well over an hour before he was going to be back in court for these. During this time we talked to some of the other advocates there on topics including: the facts of the cases before them, changes to the criminal justice system, the usefulness of some defences in criminal law. I read some interesting case files of defendants my age doing things which are unpleasant: getting into fights, dealing drugs with the wrong people, committing criminal damage and so on. All very riveting to read, I might add.

Then we went into court. All the people that I had first encountered in the entrance to the court were there and were exactly who I thought they were. At this point I wondered whether any of them had been thinking what I was doing in the Court and, dare I say, they thought I was there as one of them. This me made smile uncontrollably.

That all took us to lunch time. I headed back to Chambers with Nick. At this point we began talking about pupillage, my career and the BVC. We stopped at a place where he bought me lunch - which was delicious. We talked some more about our extra-curricular interests and life at Chambers and as a barrister.

Then we headed back to Chambers. Nick had some interesting case-files for me to read. One was for a negligence claim and was conditional fee arrangement in which Nick had written guidance on the claimant's chances of success on two separate occasions. I should explain: the negligent act was the not keeping of a dog on his leash, the victim was an electrician doing work at the dog owner's house. The two guidance notes were written in between one favourable and one unfavourable medical report in which the medical practitioner had talked about causation - the dog's bite being the cause of the claimant's dizziness and prolonged headaches. Nick had asked me whether he should take the case or not. In other words: this is a CFA case - what chances have I got of winning before a judge and actually earning something. My initial answer was pedestrian somewhat. Nick said: "You're not answering a legal problem question in a university course" or words to that effect. I tightened up; tried to sound more interesting and complete; and succeeded, I think!

Aside from meeting some of Chambers' other members and doing some research in its library that was it for Day Two.

Tuesday, 29 July 2008

Mini-pupillage – Day One

Arrived at Chambers for a 09:00 start – met with all the clerks and was shown around the place, meeting with lots of different members and people on the way. It’s a great building with a terrific vibe of work in progress, people on the move and justice to be served. I was told that for each of my five days, I would be with different barristers in different practice areas so as to get as broad an experience as possible. This sounded like just what someone in my position needed to decide whether the Bar is somewhere you could see yourself working in.

I was introduced to the barrister that I would be shadowing for the day. She – Shantarra – was the most recent addition to the member’s list of the chambers having completed her pupillage there last year. We set off for the County Court for a case that was scheduled for some time in the morning. The dispute was about the sale of defective goods. Shantarra was acting for a foreign manufacturer of the goods who had sold the goods to a company in the U.K. The U.K. Company had then sold the goods to what would be the end-buyer. All that is know for sure was the goods were defective – everything else, including where the defect occurred, was unknown. We talked about the case during our journey to the court; at court I had time to read through the case file in full. According to the U.K. Company, a previous court hearing had taken place in which they were ordered to recompense the end-buyer the full sum. Strangely, though, they were not forthcoming with any documents that would support their claim. It seemed as though they simply paid off the end-buyer without involving the European manufacturers and were now seeking that sum from the manufacturers. The manufacturers, however, had a clause in their sale agreement with the U.K. Company stipulating that they had 7 days in which to ensure that the goods received were of a good quality. This was not used.

What happened next was that we went before the judge who had already read the case-file and was satisfied that the claim of the U.K. Company could not stand. Shantarra put forward a very well-organised and forceful argument that was a pleasure to observe (I told her so afterwards, but she wasn’t very forthcoming in accepting the compliment – in fact, I think she ignored me completely.).

In our walk back to Chambers we talked about my career situation. I told her that was in between places really: keen to go to the Bar, but as yet with no place on the BVC because of a late application. Then we talked about the Chambers and Shantarra herself which was far more interesting. It seems to me that the route to gaining pupillage and tenancy, whilst very difficult, does allow for people to have some great additional life experiences. This was the case for Shantarra too. We talked about pupillage applications including who was involved in selection, what the application process involved etc. Its all quite typical really: there are a couple of rounds of interviews and there is an interview panel whom conduct the interviews. I asked whether Chambers currently had any Pupils and was told that there weren’t any. Before I could ask the obvious question I was informed that Chambers had not been impressed by any of the applicants in that year and so did not even take on any one for Pupillage. “Oh”, I said without further ado and a face which suggested, as best as I could, that I was not in the least bit perturbed.

The afternoon was very interesting too. I would be back in the County Court with a different member of Chambers to observe a road traffic accident case. I didn’t think this would be particularly interesting when I first heard about it but actually it turned out to be quite something. The case involved a collision which occurred at some point on a roundabout. Both parties were saying that their opposite collided with them; there was no consistency in which direction the parties said they were travelling (even though they both claimed to use the roads regularly for the same journey); worse still, there were no photographs of the damage done to both cars (which could, I believe, have helped understand better the circumstances leading up to the crash). The time in court was quite long. The judge insisted on hearing what happened from both sides (who were present in court) through their respective representatives. I particularly enjoyed the time each side spent cross-examining the other. By the end of the final speeches from both sides, I calculate that there must have been (what each side knew had happened on the day, what they told their respective counsels, what the judge understood at different points throughout the hearing and of course what actually happened). It was absolutely fascinating to watch. Obviously, one of these sides was lying. I couldn’t decide myself who I believed more. The judge did what I had hoped, as an objective observer, he would do – he accepted facts which were agreed by both sides, tried to understand the physical damage to the cars as best as possible and based his decision on that. Although the advocacy on both sides was forceful, I don’t believe it could have made that much of a difference to the end result.

That was it for the day. A great day, I thought, in which I had learned a lot. Four more days to go!