Shock and Awe part 4

One thing a barrister must never start to believe is his own propaganda. As indicated last week reputation can count for nothing. It is more likely to count for nothing if a barrister is relying upon his own reputation in any particular instance.

When I was a junior barrister, albeit reasonably experienced, I did a case against a very well-known silk. It was obvious in our discussions outside the court room that he expected me to be an absolute state of terror that the idea of appearing against him. I do not know whether this approach or tactic ever met with any success, but needless to say he got nowhere with me. I got the distinct impression that he felt this was an easy case which he should obviously win, and that having concentrated so much on his reputation as a way of steamrollering me, it seemed to weigh heavily upon him once we started the case. It was as if he felt that to lose such an easy case against someone who was so much more junior was such an awful prospect that it preyed on his mind and hampered him like a millstone around his neck. What was worse, his agitation was evident not just me, but certainly to my instructing solicitor and I suspect the judge. The outcome was what in footballing terms one would call a score draw. I suspect that if he had thought less about his reputation both before and during the case, the outcome might have been different. Having said that, the reality is that litigation is all about swings and roundabouts. It may well be that the steamrollering approach was frequently successful, and that in most cases being aware of his reputation was what drove him on to do really well. There are always cases where an advocate's strengths can become his or her weaknesses.

It is always important for the young barrister not to be frightened by reputation or seniority. I remember doing a case 25 years ago, when I was very junior, not long qualified, still living at home. At that stage it was far and away the most important case I had ever done. (Having borrowed £10,000 to do Bar Finals in London and then pupillage, in the days before pupillage awards, I was trying to get myself in a position where I could buy a house, which I did the following year, albeit with a 100% mortgage). My opponent was a senior barrister between 20 and 25 years call. The evening before the case, he telephoned to speak to me on my home number. My mother answered, because at the time I was out running. When I got back, she told me that my opponent for tomorrow had telephoned. "He sounds very senior and experienced. You don't stand much of a chance do you?". I was furious, and said so. I pointed out that if I was going to get anywhere in my chosen career which I had sacrificed so much to enter, then I needed to be ready to take on all comers. I cannot tell you how much pleasure it gave me to return victorious from court and tell her that I had won that particular case.