I'll drink to that - part 2
Last week I wrote about the one occasion on which I had any alcoholic drink before appearing in court (one small glass of wine). Usually I would be cautious about drinking even the night before a hearing. I would not engage in a late boozy party even two days before (which was why one year I was so upset that a lengthy trial was due to commence on January 2 ).
^ TOPTwenty years ago
However there was one occasion when I had to advise when I had been drinking. Needless to say, it was not my fault (the fact that I had to advise, not the fact that I had been drinking).
This was about 20 years ago. Until recently, when people were made a QC it always happened just before Easter (with the letter usually arriving on the Monday of the week ending with Good Friday). If someone was appointed they would traditionally have a drinks party. The party would usually take place on the Wednesday before Good Friday. By the time of the party you had normally finished for Easter. Therefore it really was party time.
^ TOPQC celebration
A member of the chambers I was then in had been made a QC. The party was due to start at 3 p.m. on Wednesday. That morning a solicitor had telephoned asking for advice from me in a landlord and tenant matter. He was told that I was going to be at a party starting at 3 p.m. I would be available to advise before then, but not afterwards.
^ TOPLate call
He telephoned at 5:30 p.m. By that stage I had been drinking for 2 1/2 hours. My clerk had been drinking even more profuse quantities of champagne. He asked me if I would advise. I said I did not think it was a very good idea, because I had been drinking. He spoke to the solicitor, who said that he needed advice and wanted me to speak to him and just do the best I could in the circumstances. I reluctantly agreed. Before putting the solicitor through to me, my clerk (in a fashion that would not have happened had he not been somewhat the worse for wear) lectured the solicitor at some length about how he had been warned that I would be drinking from 3 p.m., adding that really "Mr Booth is quite drunk, should not be advising anybody about anything, and is only prepared to speak to you as a special favour on the basis that he is not held responsible for anything he says . ".
^ TOPMarked away
Despite my condition I was able to outline roughly the legal principles applicable to the problem his client had. The solicitor wanted to know if I would be able to go to court the following morning to obtain an injunction (court order) relating to the case. I pointed out that I had now finished for the Easter break and was marked away in the diary, so would be unavailable.
^ TOPEarly morning phone call
I then went out after the party and arrived home about 3:30 a.m. I was dozing peacefully at 7:30 a.m. the next morning when I was telephoned by the senior clerk (not the clerk who had been involved the day before). I needed to get into Manchester and to be ready to catch a train to Birmingham or London. It was the solicitor from the day before, who was waiting for the court service to specify where a judge would be available. Since (he told my senior clerk) no one else was available he had no choice but to instruct me, available or not, and therefore I had to attend. Although disagreeing with that contention, (when you are marked away you are away) given that my clerk had already indicated (without speaking to me!) I would do the case, after a quick wash and shave I was in a taxi on my way to Chambers awaiting instructions as to which train I had to catch.
^ TOPRelieved
When I got there there was a further message. The hearing was to be in London, and they had instructed someone else. I was too relieved to be cross. I was quite junior at the time. If it happened now I would just say I was not advising. I have also made it quite clear to clerks since that when my diary says "away" it means "away", and no one else has any right to book me in one of those days.