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Speaking out of turn

Think before you speak is a good motto for anyone, most of all the lawyer. Yet sometimes you can be forgiven for not thinking. CNN's Kyra Phillips, talking to a colleague in the restroom (ladies toilets), had forgotten to turn off her microphone. Since her comments about her marriage and her relatives were then broadcast live and audible during George Bush's speech, she understandably made headlines around the world. You can get through a lot of personal detail in 90 seconds. Personal and private though her comments were, she could have discussed much more intimate matters which she would have been even more horrified to have made public.

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Dangers of Conference Calls

There are lessons for lawyers here. Whilst you would be not expect words out of turn to end up live on CNN they can be just as damaging if heard by the wrong people. One area where lawyers have to be particularly careful is the telephone meeting. There often seems to be an inverse proportion between the legal skill of the lawyer and his or her ability to press the right buttons in respect of the conference call. It is particularly damaging when you make an error as to who has been brought on or removed from the call. How many solicitors or barristers do you know who have spoken bluntly about whether a Judge is likely to find their client' s evidence credible, only to find that unbeknown to them the client is still on the line?

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Caution is advised

There seems to be less awareness of the danger of ill judged words in court. The Judge on the bench is higher up than anyone. The Judge's position is the one best placed to allow everything in the court room to be seen and more importantly heard. A whisper that might not be heard by the opponent along the bench may well be heard by the Judge. Caution at all times in court is vital.

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Beware the Microphone

That also applies when the court rises. The microphones are often left switched on. That means that what is said in court can still be being taped. Judges have occasionally been entertained or outraged by hearing what lawyers and their clients have said blissfully unaware that it was being recorded. That might not be as bad as having it appear on the news, but it might seem it the next time you're in front of the same Judge.

Michael J. Booth QC