Get Whigged

Still grinning at 40!

2006-11-06T03:44:00.000-08:00

Thankful happy clients doing time.

2006-03-31T13:31:00.000-08:00

Friday came around and was every bit as full on as I thought it would be. I had taken a large bag home with my large files within it, and had been at work at home from around 7.30. Working at home like this, at least I'm not interrupted. I made it into court in time to deal with my matters.

I had four sentencings listed, all with clients in custody, all with serious offences and records. For three of them I had psychological reports, and one had a psychiatric report as well. For three of them, their matters were finalised. Each of these three was smiling with tears of joy in their eyes as they were taken back to their respective jails for a lot less long that what they had expected. This is a weird job when you have thankful and happy clients doing time. My own opinion, they got as good a result as they were likely to.

The fourth sentencing matter is not finished. The magistrate refused to proceed after reading a long epistle from my client. That epistle caused two major problems, one was that client said he's not guilty of some of the offences he was to be sentenced for, the second was that there are very major allegations in it of a lifetime of abuse in the prison system. The magistrate called for a psychiatric report (I think to see if my client is delusional about the allegations). The disputed matter is one that had been pleaded to before I had client under my wing. I think that he pleaded to it for his own ulterior motives (and not a simple convenience plea). I will flick that back to his original lawyer, I reckon I'll hang onto the issue of prisoner abuse. This client too appeared quite happy at the result.

There was a fifth matter in court, a young man who has totally failed to come in and see me to provide instructions for the half a year we've known each other. He seems to think it can all be done on the fly. His dreams are soon to end, as he will be sentenced next time and is almost certain to go to jail. Lucky for him he has a magistrate who was prepared to leave him on bail until then...

Enemy Territory

2006-03-31T13:09:00.000-08:00

It's been four days since my victory at trial. I think that's the longest gap between posts on this blog. Quite amazing if you compare it to my initial expectations!

The reason for the delay has a fair bit to do with the fact that I've been pretty busy at work. Following is a brief snapshot of the week's middle three days, all of which had the fact the approach of a fairly stressful Friday hanging over their various activities:

Tuesday - late start as had to be at home for a while while a plumber visited. Went to Remand Centre for hour visit with a client who I have previously been double booked for twice and thus turned away. Again, this was the last opportunity to see him before important hearing on Friday. I was a bit tentative as I entered the Institution, expecting the worse. Strange to say, the guard people were greeting me by name as I passed through the door, I didn't have to fill out their paperwork and I was passed straight through to seeing him in his unit where a special visit time had obvulessly been arranged (there were no other prisoners having visitors in that unit at that time). They had obvulessly agreed with my sentiment that I didn't want to raise the impossibility of my visiting him in court!

That afternoon I had a trip out to the women's prison, got there 15 min late due to traffic, prison staff gave me an extra 15 min with client at end of visit. They're not usually this friendly.

In between my visits, I ran around to court and conducted some necessary checks on situation of a client I inherited from another lawyer months ago. Doing so, I learnt that he has contradictory bail conditions in his two matters...not sure what I'll do about this.

Wednesday - was a court day, and I fitted in a visit to Remand Centre at lunch with a visit to another client who was to appear on Friday. When I got there, they told me the visit was booked for Thursday. No use arguing, so I suddenly had time to eat on my lunch. No disasters at court.

Thursday - Court appearance in morning for a pre trial conference. This was the matter for which a cop had previously told court that he was personally and inexcusably responsible for various delays in considering our offer of negotiation to a lesser charge. Again, this client due in on Friday also for finalisation. Again, nothing we could do about the situation. The interesting thing here is that the same cop had been denied authorisation to comply with our (reasoned and fair) request, and had then gone and made his own queries with investigating officer anyway and got their potential police trial witnesses to agree with our position. He was going to go back to his boss for authorisation, with the opinion of all others involved in the case to the fact that we were right and they couldn't win with their current position. I then raced back to the Remand Centre to see the client I had seen the day previously, and was surprisingly given a second visit to piggy back onto the first which gave sufficient time for myself and client to work through a large amount of stuff in time for the following day.

I spent the final hour of the day doing my own couriering of various psych reports to the prosecutor so he would have time to read them before following day, as I knew we would be busy and the magistrate wouldn't like unnecessary delays. Had a pleasant chat with this fellow in the heart of what I regard as enemy territory.

I'll give the Friday a separate post, as this one is long enough.

Long trial post.

2006-03-27T05:45:00.000-08:00

Today I again ventured forth into trial for a client. This was only my third trial that actually ran in the four and a bit years for which I’ve been a practicing criminal lawyer (I’ve also had one disputed fact hearing in that time).

This trial had a very different feel leading into it than either of the last two. Like them, it had fairly limited amounts of witness data to process through its machinery and, like them, it had a single day set aside for it. As with all my trials, it went longer than the predicted morning session. Well into the afternoon, in fact. Also similar to them, one witness a side, and tendered police statements.

Not a single objection by either side, a degree of civility between prosecutor, defence, defendant and sheriff’s officer before the matter commenced.

Me and my client had worked on his recollection, viewed the site of the alleged crime, worked on the issues and plotted tactics together. We had identified the weaknesses of our case, and of the opponent’s. We had worked out how we would approach them. I had examined ‘the law’ on the matter - not for theoretical understanding but for practical application. I had basically taken the Rumpolean approach (‘look after the facts and the law will look after itself’), which certainly allowed for inclusion of my client in the process a lot easier.

Finally, we had worked recently on what was involved in a trial, from what to expect and how to speak, to getting in the prosecutor’s head and the psychological game. We were as prepared as we could be (which is to say that we knew enough about all the areas in which we weren’t prepared to be worried).

I’d spent the night before putting together my closing speech, and notes on cross examination of opposing witness, examination in chief of my client and critical commentary of police statements we had previously agreed being tendered. The theory was that I had to ensure that all points in the closing were raised in the evidence, and that all contradictory matters of fact with the witness in person were raised as such when he was on the stand. I then spent a fairly uneasy night while a lightning storm disrupted the few hours of sleep I had allowed myself.

Arrival at court was different to the usual Monday appearances, I had a certain level of worry in my expression and adrenalin in my blood that marked me as about to go into combat. This was commented on by others.

In the call over court, we were first allocated one magistrate, and then given another. I had respect for both of these magistrates’ knowledge of the law, and they are both regarded as not unfair (to my knowledge) when it came to the facts. So, either way, we hadn’t got a short straw.

The trial itself had its ups and downs. I think my client was amazed at the amount of writing I produced in a few short hours. My prepared notes held up, allowing me to effortlessly ensure that I had covered all necessary areas of testimony for each of the witnesses before ending questioning. I also didn’t have to write a lot down during my questioning of them, as I knew one way or the other much of what was said. The surprises were mainly given me by the way my opposition managed to clarify those areas I wished to be clarified that I hadn’t done a full job on. I don’t know what he was proving, because he was certainly attempting to win.

It was in the cross examination of their witness that I noticed the major development of my technique since last occasions. I wasn’t told off by the magistrate for any faulty questioning, the witness understood me each time. In fact, we built up a rapport as he proceeded to sabotage his side’s case with our mutual understandings. I did it without putting the witness offside – it was a barrage of questions that revealed his ignorance in a non hostile and understanding manner. I was almost apologetic in contradicting him, and he then came some way towards meeting me on the points I was making. Probably interesting to the magistrate, who hasn’t seen me in anything except pleading mode.

I know that by the closing speech he was genuinely interested in the case we had on offer. I started by stating the point of law which would guide my exposition of the evidence – the issue of intent. That all the facts he could reasonably find, whether they went for or against us on the face of it, were corroborative of our position on what could be inferred about my client’s intent at the time. I understated our position, and demonstrated that it was still sufficient for our defence.

I even used the rhetorical ‘trick’ of reading the tendered statement’s most damaging portion with an alternate punctuation – which totally changed the gist of it. As I did this and justified it by explanation to the magistrate, I wondered if this was going too far. I think not, as he quoted me in his judgement. Similarly, the parallels we had drawn between my client on stand and his conversation to police over a year before were obvulessly routed in the same factual elements. This similar topology could probably be stage managed to greater effect in future (the trick in so doing would be to pick the right cases so that it isn’t artificial). In this case, it happened to be a natural fit.

Someone said later that they wished they had such ‘insight’ or ‘knowledge’ into the law to pull off arguments such as this. That was a bit fair, I think, almost as though I had tricked the court into seeing things my way. I look at it more as having helped it see my way, by making it clear to do so. This is done almost as much by the structuring of the facts as presented as it does with the strict factual content of the argument (assuming that there is some substantial basis in the first place). Hard to put it clearer than that.

The upshot of it was that we were vindicated, a finding of ‘not guilty’. The reasoning was based on a legal analysis of what we had done with the evidence – demonstrated that the prosecution case was circumstantial in that it was based around inference of intent, and that there was a reasonable hypotheseis consistent with innocence.

Sweet victory.

Call out the plumber

2006-03-21T00:31:00.000-08:00

Having already referred in this blog to the poisoned well and the draining effect it should surprise no-one that we had to call a plumber out to our home today. Well, last night actually. It was a more serious job than the man expected, and so I had to get home early today to meet with the follow up team as they made the water work (both ways!). And it will require me to stay home much later than usual one day next week. Which creates the fact that all of a sudden I have less time at work than I had planned to do what needs doing. Lucky I'm so organised:)

Today, I got to work early, and managed to get out more letters. I also saw a client at the Remand Centre in the morning and made a few vital connections via phone through the day, generally organising tasks for later in the week.

Through it all, I managed to update myself with the bare objective facts of a client's case which is listed for argument tomorrow afternoon. This client seems to have been avoiding me, despite his assurances that he has understood my imploring requests for him to get in and see me before the argument. I even told him that my time is so busy that I can't chase others down, my day gets quickly filled with tasks from those who do catch hold of me, let alone me hunting down those that don't.

Believe it or not, that was six hours of my day, and I was stuffed at the end of it.

Apparent sychophancy

2006-03-20T04:25:00.000-08:00

Today was one of those busy Mondays which one takes in one's stride. Got to work pretty well on time, and had all my files laid out with all available information when I got there. This allowed me to time to book myself into various correctional institutions at different times to my convenience through the coming week, when I only have three court days, and then review each file prior to heading over to court.

In three lists, I appeared in three courts. Eight clients appeared before the one magistrate. It was refreshing, after the staid in the trenches approach of the magistrate I've mainly had to face for the past two months, to have an efficient and decisive magistrate of few words but high perceptivity. He also gives the concepts of procedural fairness and fair go more than paper weight. Of most value to me as a lawyer, when added to these traits, is his independence, a willingness to make up his own mind for his own reasons (and that aren't automatically adverse to my clients). Just in case you're wondering about this apparent sycophancy, he is also the only magistrate I've actually instituted an appeal against.

The other two appearances were a final meeting with prosecution and magistrate prior to a one day trial next week, and a futile appearance for a client who again failed to attend (I have no way of contacting him except by mail, and had tried to warn him). The interest of this hearing was when the magistrate offered to allow me to withdraw from the file... and I chose not to. The determining factor here was that client was going to be apprehended on a warrant, and would need someone to have the fact brought to their attention so that his interests can be watched over (he being unlikely to being up to this himself, suffering as so many of my clients do from various psychosocial problems and having no-one else to do so for him). This is in relation to matters to which he has pleaded guilty.

Of course, I will be applying to get my name off of his trial file as it is one thing to acting on short notice for matters of bail and sentence, it is another to take on the responsibility of a trial without instructions (would be verging on unprofessional, if not negligent). I think I'll speak to senior counsel about it, now that I think of it.

Again, I got out several lengthy letters in the gaps (from Friday's court appearances) and performed a handful of other minor but necessary tasks. All in all, I touched about twenty files today.

Tomorrow, I have all of today's mail to get out, and various strategic tasks to perform.

Poisoned well

2006-03-17T01:42:00.000-08:00

Well, it's Friday night and time to blog the last two days.

Thursday - all primed as I arrive at work for all my cunning plans to come to fruition. The initial omens are good as there is the psych report I had ordered a week before waiting for me. Then things start unravelling. I've been double booked to see a client in prison, I had already factored in possibility of my not being able to see him there by forewarning him that I might have to catch up with him at a suburban court I was (sort of) passing. This had been based on presumption that if plan B became necessary it would be because they'd transported him earlier that day. What I hadn't planned for was possibility that I couldn't see him in the morning (despite my booking) and he wouldn't be moved 'til the arvo (when I couldn't catch him at court). Which was a bugger because it meant I didn't see him that day.

Then, on my travels, one of the least reliable cops I've met in my years in the law came through on a specific task to deal with a stuff up of the police which had resulted in a warrant for my client's arrest issuing when it shouldn't have, and remaining out even after it should have been cancelled.

Then, it was take instruction from a client on a doomed case. Ironically, I think we'd found the golden thread after He'd been to see me, but he'd already poisoned the well with the fact finder.

In between tasks, get out heaps of letters from day before.

Day ended with magistrate for a sentencing hearing today (which I had sweated on over the last week) contact me and prosecutor to let us know she was disqualifying herself. Not a bad thing, considering that she's the harshest of available magistrates.

Today, began with the hearing of the disqualified magistrate, went on with poisoned well client (now remanded in custody awaiting sentence also) and the successful client (suspended, got all we had realistically asked for). In between, a bit of research and a lot of thought.

Again, overwhelming lesson was that people will let you down, but not always - cover the corners when organising others, follow your lawyer's advice if you want to succeed.

But I was sure glad to leave the office (once I had laid out the files for Monday morning)!

Draining effect

2006-03-15T01:05:00.000-08:00

Today was a court day. Got stuffed around on the busses and so was running a little late when I got to work. All got a bit out of hand when I realised I had a hearing to get to half an hour before the usual time. In three minutes! 'Lucky' I had made sure everything was to hand when I left work the evening before. Of course, everything else I had planned to do in that precious half hour before court couldn't happen...

I did the duty in court, nine clients today. No miracles, no disasters. Some unfavourable, but predictable, outcomes - but you shouldn't be a defence lawyer if you can't take the knocks. Of course, neither should you let it grind you down. And you should never ever get used to it.

Somehow I fitted in those various things that needed doing between appearances at court - life before the telephone would have been interesting.

At the end of the day, felt totally knackered. Maybe I'm coming down with something as the weather turns, maybe it was the draining effect of high level of human contact, built on a substrata of stress? Let's see how it goes tomorrow...

Hectic Side

2006-03-14T04:16:00.000-08:00

Today, being the first day back after four days off, was always going to be a bit on the hectic side. Also, quite a bit of seat of the pants fine tuning of events that were set in motion last week. Lucky I didn't have to get into court today, or I wouldn't have been able to call it quits shortly after regular knock off time!

In the morning, I had to squeeze in a couple of prison visit booking attempts. One of them had to be cancelled when I worked out that on that particular day, that particular client is in court on another matter at that particular time. In that instance, I was able to take advantage of the fact that I had left a hole earlier in the day for an emergency just such as this knowing that, even if they take him to court for the whole day rather than the afternoon only, I will be able to catch up with him in the cells at that court as I 'just happened' to be passing by there...

The other visit I organised was for about half an hour's time after the booking. Which meant that I got a nice walk into the middle of my day, and was able to conduct very urgent business for a client who is in court tomorrow. While at the prison, I also confirmed that the psychologist was there (I met him) to meet with the client I am juggling a visit with later in the week - best of all, I was able to explain to that client as we passed in a corridor the fluidity of our meeting procedure on the day I hope to catch up with him somewhere!

On my walk through the prison I was able to pass through a 'crime scene' which will be part of a trial that it turns out I am free to conduct in a couple of week's time. That was a good break, as it is a simple enough affair that I will be able to concentrate upon the main issues without getting sidetracked. Having good instructions and a good understanding of the scene helps.

And, even if we lose, I don't think the client will be going to jail...

Deliciously Invisible

2006-03-10T14:29:00.000-08:00

Yesterday was the first of my four 'days off'. I had it off as 'Time Off In Liu", part of the deal where I work for taking the 'overnight phone' home as part of a rostered system we use to ensure that anyone arrested on serious charges has access to a lawyer for basic advice early in the piece. The trick is, organising events so that you can actually afford to have a day off. Not as easy as it sounds for a busy lawyer.

The trade off for me, yesterday, was that to have four days off, I'd still have to work several hours on the first day. Which is what I did. However, I had arranged things so I could do it from home. Which was nice.

I then had to drop some documents off in early afternoon. It did feel a bit strange wandering through the streets that surround my professional stomping ground in 'civilian' clothing (as opposed to suit and tie). I felt deliciously invisible, knowing the effect that a change of clothing has on people's recognition - I remember my (in)visibility when I first started wearing a suit.

Anyway, mission accomplished - after a quick burst of coordinating instructions with someone's secretary.

Only drama, trying to book into see a client in custody over the long weekend - and being told that I had been cut off by the automatic phone system at the close of business, when I knew damn well I had been cut off earlier. Hmmmm...

Here's to a Long Weekend!

Small miracles

2006-03-09T07:22:00.000-08:00

Today was a day of small miracles.

It began awkwardly enough at 4 am, with a phone call from a police station in a remote regional town in relation to a recent arrestee. By the time I was finished, an hour had passed. I gave myself a sleep in and late start at work so that my brain was properly functioning.

Which was just as well, because it was go go go. Spent most of the day in the office, getting together the urgent and complicated matter I referred to yesterday. It involved me obtaining the services of an allied professional at short notice. Following a chat on the phone, they agreed to do what I asked. Miracle No 1.

In the early arvo I fronted court for a client who had (again) been left in custody. Turned out the police (still) hadn't done anything about my previous letter(s) of a negotiated and reasonable solution. The prosecutor did the extremely rare action of "taking full personal responsibility" for this, with no excuses offered (I know he is truly overworked). Really nice to see a copper not try and push the blame or make a weak excuse for a personal failing. Miracle No 2.

I managed to catch up with a very busy lawyer who a client of mine really wants to act for him on several matters that I can't. Miracle No 3.

I then had to stay behind a couple of hours (Miracle No 4) and put a brief together for the professional whose services I had engaged that morning.

Through it all, I managed to get my decreasing pile of backlogged letters edited and out (Miracle No 5).

And now I can have four days off!

(Miracle No 6)

Long Day

2006-03-08T02:16:00.000-08:00

Today was a long day at court, and then a long day at the office. I have an urgent task to do which only became more urgent as I dealt with the plethora of urgent crises which were my lot today. Over the coming week I am going to have to function like the experience lawyer that I am and still pray that the gods are with me. There's one thing this job has taught me, and that is that those do best who do themselves.

The trouble many of my clients experience is that they haven't caught this existential truth in the network woven by their life's experience.

In the coming week I face the task of doing a lot of not very exciting procedural organisation, culminating in major arguments. The trick will be to get all the human contact which is necessary in in time. It feels to me like the result of procrastination, so what will it look like to the magistrates and clients?

Is it procrastination when one simply juggles one's time so that the most 'cost effective' task is done (as measured in likelihood of imprisonment, followed by likelihood of greater or lesser sentence, and the rest of the plethora of tasks fit in around these as best I can make them)? Especially when this means that other, subjectively important tasks, don't get done in time? Where does this leave one's sense of professional ethics?

No different over here.

2006-03-07T04:51:00.000-08:00

I've been pretty busy these past couple days. Criminal Law can be a fairly draining profession, even in its quieter times.

On Monday I had four clients in court. None was particularly controversial, the best point of the day being when a client of mine met up with a punter I 'advised' during difficult times and with whom I've kept a friendly demeanor. They had been cell mates on remand and I had been instrumental in each of them obtaining their liberty. Seemed to tie off the tangled web in that little corner neatly! I spent the last couple hours in the office madly trying to fight back the tide of things to do - particularly letters from last week (!)

Today, I had an appearance in the morning and again in the arvo. The morning appearance was pretty neat, Magistrate was encouraging and complimentary to my client, and running late enough that I was able to use waiting time to gather detailed personal instructions from client for eventual use in sentencing. Always handy to be able to fit this into a court appearance.

In the arvo, things were a bit more serious. Represented a fellow for a more serious offence, jail time certainly attached. He was already serving sentence on a series of offences for which I'd appeared through last year. The Magistrate was familiar with client's inner history. Kept the additional time client will need serve to the lowest reasonable amount. He was happy.

Again, on return to office, a great deal of paperwork to interpret, shuffle, record, read and write. I only got out a couple of hours past closing. I've been reading about Public Defenders in the US. It's no different over here.

Don't do the time.

2006-03-03T05:10:00.000-08:00

Being a Friday, today was full of surprises. I had several serious things from during the week to catch up on, and didn't. Some of them will be critical by mid next week if I don't get them done. At least one task becomes critical on Monday morning. Lucky for me my court appearances are under control then, as long as someone doesn't turn up on the overnight arrest list. Which happened last time I had things ticking along at maximum risk (equals maximum productivity).

I had three arguments and a sentencing to deal with today. I lost the first argument, client remained in custody. This person lost because we could't provide evidence. The people who could, didn't. I think my client has bumped up against the fact that people you thought you knew can severely let you down.

The next client, well, I managed to stave off the issue of a warrant til Monday morning. Which gives him a weekend to either prepare his life for custody, or to run. I suspect he'll do the first, but we'll wait and see.

The third client was for sentence. Reserved decision for a month (!), I think that is to allow client further time under restraint (bail) to see if he's upto it, so that he can be released from state jurisdiction at sentence (which would be best for him in a rehabilitative sense if he keeps up the path he's on). A type of Griffiths Remand without us having to ask for one...

The final client faced an argument. We were successful. There is an element of 'lawyer as coach' in my dealings with this client.

I get back to the office at close of business. Need to look at a recent sentence again as client now claims was sentenced for something he doesn't remember pleading to, amongst all the offences he did recall. Horror, if true. Doubly horrible if I'm responsible. I finally get to look at the file after putting the horror to the back of my mind all day. I discover that the client's memory is wrong (he did plea), and that it wasn't me that dealt with him then. The hard thing will be me telling him.

I am learning that I can actually quite respect the attitude of 'don't do the crime if you won't do the time', as long as you know your rights and are prepared to fight for them, it leads to a much healthier time.

Good Instructions

2006-03-02T04:35:00.000-08:00

See what happens when you write a 'political' entry?! This has been the longest break between posts I think I've had so far.

On Monday I was busy in court, had about eight clients with matters on. The first off the rank never came to court for his sentencing, another homeless person with a warrant on his head.

On Tuesday, had a morning hearing where had dispute with bully magistrate. I think I won. I spent the rest of the day catching up from Monday. One of the more bizarre things that occurred was finding out a client still had a warrant out for a certain missed court date (from last year) even though they had been arrested on the warrant and bailed (and had the bail paper to prove it). Cops seemed to be very quick to tell me they wanted to fix up the problem (also needed a court date set, the issue had only come alive for client when went to court as per the bail paper and found their name wasn't in the lists). They even offered to 'pull strings' to get us a court day and time to suit. Remarkable.

On Wednesday I spent most of the day in court again, including for a fairly major sentence in the arvo - 5 1/2 years (including parole time) with 2 1/2 on the bottom. It went exactly as predicted - a bit high but still in the envelope. Client wants me to appeal, I don't think there is merit, ran it past a senior counsel and that person agrees. So it won't get funding.

Today, had an argument in court in the morning that went for two hours. This was the third lengthy hearing on the matter. We have a chance, and the stakes are high. I still think the odds are against us, but we are giving it a good shake. Then I had two clients not make it in for appointment, but phone instead. Something is better than nothing, and the one that prepared self prior to call certainly was able to convey adequate instructions for the likely situation we face tomorrow in court. As for the other one ...

Then, it was out to view an alleged crime scene with a client who goes to trial in about three weeks. It was good to see that his memory of the events now matched his recount of events from seven months ago. It'll come down to credibility of witness (shop detective versus my client). It would be nice to do the trial, but I reckon I'm busy in court already that day. At least I've got good instructions from client.

Telstra Payphones - Outrageous cost cutting

2006-02-27T00:10:00.000-08:00

I've avoided writting about current affairs so far, if you're reading this you're probably not into grandstanders (which trait blog opinion pieces tend to exagerrate). But the drought stops now, because this one really gets up my nose and probably will soon be swept away as an issue.

IF you haven't guessed, I live and work in Australia. In the past few years, our telephone system was deregulated from the previous statutory body monopoly. Then came the Big Sell Off. Nearly fifty per cent of the former monopoly holder's shares have been sold. The current government is waiting to sell the rest.

The mega company is called Telstra. It manages most of communications infrastructure, and nearly all the services in the 'non profitable' areas. In Australia, that's most of the country.

One of the most valuable services provided by telstra are coin operated phone boxes. As part of its cost cutting, prior to the Next Big Sell Off, it has slashed employee numbers and outsourced massively. Now it wants to get rid of thousands of pay phones.

For those of us that don't have a mobile, or don't have credit on the mobile, or don't have a phone out phone at home, or have no phone at home - these phones are vital. At present, there are still a lot in small towns and back streets of suburbia, accessable to all of those who need them (if you can find one, they've been 'operationally' taking away these phones for ages now). Now they want to take away a large slab of those that are left.

As someone who, even as a lawyer, has relied upon these phones being accessable, let alone all those to whom such a reality rather than a choice, this is outrageous.

If they want to foster revolution, keep screwing the people.

Buzzing the office

2006-02-24T16:30:00.000-08:00

This post covers the last two days.

On Thursday I visited five clients in three different prisons. None of them were in the same section of their jail. I had about and hour and a half in the middle that I used to buzz around my office. Two visits were mainly in my role as 'coach' (I practice therapeutic jurisprudence) the other three were to obtain specific instructions or provide tactical advice.

Having a quick tour of the jails like this was a good way to compare them. I know which one I'd prefer if I had to make a choice. The bugger of it was, by the end of the day I felt quite drained.

On Friday I only worked the middle half of the day. That's because where I work I get some Time Off in Lieu for those times I look after the corporate 24 hour advice line. I had wanted the whole day, but thought that would drop me too far behind and I'd be all stressed again next week.

Having booked the day off, there were no appointments set in the middle of it, and I had to take less than a handful of phone calls. I used the time to review a few instructions, make a few follow up queries, think about the direction taken in several cases and give them a nudge.

Then it was time to get home early on Friday arvo - always a good thing!

Farting around

2006-02-22T00:51:00.000-08:00

This morning I went to court expecting to appear on behalf of four clients and ended up representing seven. Two were for other lawyers who couldn't be there (I'd fronted for these clients before so it was nice as a human to catch up with them), the third was a client of mine pulled in on a warrant. He was treated a bit harshly, I thought, but within the envelope. In the end, I farted around court for about four hours, then headed back to the office.

Difficult. Had to organise tomorrow (lots of prison visits) and follow up various matters, as well as get out the letters required and do various admin tasks and get home at a reasonable hour. Somehow, I managed to do it.

Again, felt at times like was getting nowhere but, at the end of the day, produced quite a bit. It's just a case of plugging along and not wasting time.

Lost in the prison system

2006-02-21T00:46:00.000-08:00

Today was another of those draining days where one plugs along, mainly in the office, pushing invisible factors on various files forward through administrative hoops. Generally this will have to do with claiming and costing files. With the size of some of my files, and the number of matters and appearances on some of them, this can be quite a task. That's why I've tended to put it off since around September last year, have been doing two jobs in one since then and this side of it was the safest to neglect. Anyway, all afternoon was spent tending several of my more larger client file collections. But, I must admit that there is a certain joy in craftsmanship that is derivable from a neatly and correctly stacked file, knowing that all is accounted for and only now needs to be checked and signed off.

This morning was a bit more interesting, two clients listed in court. One was there for pretrial conference, entered a plea on his other matter and put it off for sentence. The pretrial conference had the magistrate almost oggle at our 'audacious' defence which had 'no chance' of succeeding. To stop the circus, I took client out of court to get updated instructions, taking into account the magistrate's obvious scepticism. I'll give my client his due, he puts his hand up when he's guilty, and contests the charge when he knows he's not (even if it will be difficult to 'prove' - which we must do despite the theoretical onus of proof).

The second client was the one they've previously lost in the prison system. Seems like they'd done it again and he wasn't brought. At least I now know where he is (much better than where he was), and we should be able to finish things up for him within a month. Which shouldn't delay his release.

Drawn out affair

2006-02-20T03:49:00.000-08:00

Today was a bit of a long and drawn out affair. I had four clients in court, spaced fairly evenly through the day - just enough to allow for reasonably adequate instructions on all of the developments in these clients' lives over recent weeks, and too much to allow me to do any of the other tasks I had to do. Even spaced out to the point that, with a bit of relevant reading over lunch, I had no real break from the day. Two clients were 'okay', two have upset the system by trying to be assertive and being judged ' slackers' or 'aggressive' and copping consequences therefore.

What gets me is that when I get home and watch either news or current affairs, I see bigger liars and more guilty thiefs dressed in shirts and ties with titles. Makes you sick when you think about it.

Changing Tune

2006-02-18T13:29:00.000-08:00

It's Sunday morning and I have a little bit of blog catching up to do. Meant to do it before now, but was too busy on Friday evening, and too knackered yesterday.

Thursday was a day marked with only one appearance in court in the afternoon, which involved around five separate file containing over 20 contested charges, for a fellow I was to appear for on the following day for sentencing submissions in relation to another series of pleaded charges. About half of the contested matters had previously been as far as pre trial conference, where police had indicated that the lesser of them were resolveable without trial. They had totally changed their tune now, and wished to go to trial. Suited my client fine, though I don't know what his chances will be...

The rest of Thursday was spent writing and sending letters to the clients of the day before, and getting as much of the follow up work involved in their files done as possible.

Friday was a fairly meaty day, had four sentencings to do. They all involved a minimum of a half a dozen files, and one had around four dozen actual charges. So, it was pretty technical in parts. I had thought that of the four clients I had, one was very likely to stay in jail, two would get suspended sentences, and one was line-ball as to whether it would be suspended. That proved to be the case, although the magistrate reserved decision in all four matters. Makes it a bit hard for the clients, having to wait around. At least the ones who I thought were to be suspended were told by the magistrate that that would be the case.

When I got back to the office after a full day in court, there was barely enough time to get together an 'abstract' for a paper I could present at a Conference in late May. I don't even know if I'll be able to go to the Conference, but thought that at least having submitted a paper will assist my chances. Of course, as is usual when things are rushed, once I had written and sent the abstract, I saw several grammatical mistakes in it. Such is life.

See you later.

Gone Walkabout

2006-02-15T03:45:00.000-08:00

Today was mainly a court day. In the 1000 list I had three clients, all in custody. One was released, and nearly went walkabout instead of doing what he had to do as a bail condition. Magistrate had a quiet chat with him when he was brought back before re-releasing him. The other two both had their various matters delayed for a couple weeks. In one case, so that police could obtain the paperwork upon which their charge is based (so they can at least provide disclose it to my client/me). The other because of a sudden change of instruction which means his matter has to be slotted into a different 'stream' of court appearance lists.

In the 1130 session I had six clients, varying from hard case to simple case. Nothing too nasty occurred, most amusing was the client who kept denying a certain activity in interaction between clinical team, magistrate and himself, and then all of a sudden was so thankful when magistrate gave him a 'final chance' to prove himself. The most interesting piece of knowledge I picked up was that a couple of poppyseed buns will give a positive reading for morphine on a urinalysis drug screen.

The afternoon list had two clients, one who appeared to be doing well as he began to participate on the program, the other who was sentenced. The sentencing submissions had been made two weeks ago, the magistrate had required time for some 'creative lawyering'. End result, heavy sentence for recidivist offender, but suspended. I still have to think about whether this could/should be appealed.

When I got back to the office, I was feeling fairly knackered. Any dictated letters wouldn't have got out in that evening's post, so I spent awhile looking up relevant sites on internet, vaguely aimed at generating ideas for the conference I have put a feeler out about. And then, time for home.

Sunbaking

2006-02-14T01:40:00.000-08:00

This morning I completed the statistics that I had started on yesterday. Was pretty interesting. In that part of my job (the major, but by no means only, type of matter in my individual criminal practice) I had made about 400 individual court appearances, representing around 70 clients, over six months. I was representing around three quarters of defendants in that partiuclar jurisdiction, for much of that time on my own. I guess there were around fifteen more 'regular clients', with maybe three or four appearances each, just to keep me busy (about nine have turned into trials listed for the future).

Went for a walk at lunch to celebrate completing my stats. Beautiful day. I walked out to the belt of parklands which surrounds the city centre in which I work, so I could swing back along a creek which be nourished by the contact with relative 'nature' in the heart of the beast. Anyway, there I am walking along and what do I see but three twenty something year old beauties sunbaking in only the briefest of g-strings. Very strange thing to see while out for a walk in a park!

In the afternoon, I avoided doing anything too active. Instead, I read a few transcripts from previous law conferences and cases, so I could get a better grip on what my job entails in its broader dimensions. I have been tipped off to a conference calling for papers, by the end of the week, in the specific field in which I work. So, I am also looking at going for a trip in a few months to participate in a gathering of those who work in my field. Which would be great.

There was also the fact that I have a dozen clients listed tomorrow and reports were leaking in all afternoon via email.

Back on the Ground

2006-02-13T02:01:00.000-08:00

It was back to work today after a fairly big weekend.

For a change, I didn't have any Monday morning appearances in court until 1130. So I was able to make sure I had absorbed the various reports etc I had to, as well as wrap up last week's work and think a bit of the coming week, before walking to court.

It's about a ten minute walk each way, which is pretty okay.

Only had two matters in the 1130 list, and another two in the 1415 list. All four clients were in some sort of strife, although varying degrees. The most serious remains in custody, and will be a battle over coming weeks to get her out.

After I left court an 'observer' who had been there through the day asked if I minded having a word with him. He was a student nearing end of law degree. I spoke with him for about half an hour, it just meant that I'd be in the office half an hour later that night. He seemed interested, wanted to talk again some time. No-one took such time with me when I slugged it out through law school. It was nice to assist.

Back at work, it was track down a client who is 'somewhere' in the prison system - but no-one could confirm where exactly. Bit of a worry that, even though I finally found someone who could assist. I got out four letters to my clients of the day. And started the mega task of compliling some ridiculous statistics for our funding body (I'm a kind of 'public defender' in US parlance) to justify my existence.

Tomorrow, it all kicks off again, but no court appearances listed.

Log jam in the secretarial pool.

2006-02-10T12:36:00.000-08:00

I'm posting this on Saturday morning. Again, yesterday was a busy day and I didn't get opportunity to update here, so do so now. It was a weird day, lots and lots of little delays as the day progressed. Got everything done that needed to be, in an immediate sense, but little else.

I had two visits to the 'remand centre' booked in the day, I'd thought at 1030 and 1430. I walk from work to the remand centre for these visits. Because I was running a bit late to work in the morning, I wasn't able to madly run around and do something that I otherwise would have, I was therefore at my desk when 1000 came around. Thank goodness, because my desktop beeped at me and told me that I had to be at the remand centre in 10 min, not 30! I'd remembered the wrong time. So off I ran, and got there only 5 min late. As one only gets a limited time to visit there, my lateness was lucky.

Both visits to the centre were interesting. Both of them were with client's I'd not met before, prior to their first appearances in my jurisdiction next week. Both of them will involve technical argument, trying to find a middle path through the sentencing act to achieve our goals. Both of them required the client's to understand the odds against, the trickiness of what we are trying, the consequences if we fail. Both seemed to appreciate the fact that I was nothing but straight with them.

I finally got my referral letter to the psychologist, just after lunch. I ended up walking the letter and its supporting documents over, it's already a couple days late. Hope the consequences of this aren't devestating. As I wrote in attached cover note, it had got caught in a log jam in the secretarial pool.

On my first visit to the remand centre, I shared a lift with a woman on the way out. She asked my name. I told her. I told her where I worked. She asked if I knew her sister. Amazing thing was, I represent her sister, we'd met the day before, we'd mentioned this sister during our discussion and determined to try and reach her. I couldn't say much directly to her, as it was my client who was to speak to her, but I did get her phone number (and ask a few questions which confirmed she would suit our purpose). I was then able to get my client to give me permission to explain things myself to her, and called her later in the arvo to run through a few things. Synchronicity or what!

Finally, on my way over to the centre the second time, I bumped into a client whose matters we had finished about a month ago. He was someone who had been 'written off' by the system, and just about everyone else, as a no-hoper recidivist junky. In the year I'd known him, he'd gotten his act together. Against the odds, he's got a home and job and is fairly happy these days. He's been out of trouble over a year - a record for this guy since he was a kid. It was great to have a chat, be able to recommend a book to him that I reckon he'l love (he enjoys reading history). It's guys like that that make my job worth all the crap.

Tribe of butterflies

2006-02-09T13:20:00.000-08:00

Yesterday was a good day. However, I didn't update this so I will do so this morning before catching my bus to work.

The main events yesterday were three. Firstly, getting a letter of retainer (plus materials) off to a psychologist so he can prepare a report on a client. This was delayed due a log jam in the secretarial workloads. 'My' secretary is on leave, so I am a bit at the mercy of her colleagues. Still, it's done now and I will drop it off this morning.

Secondly, I had a client come in at short notice to talk about several problems she is having at her bail address. She appears to me to be getting her act together. It's a bit sad to see that, now she's making an effort, the world is placing obstacles in her way. I think we sorted out a few alternatives and a strategy, so we'll see how it goes before she appears in court on Monday.

Finally, in the afternoon, I finished off a matter which has been in the system since June last year. All of our previous work on the matter had to come together. Not only was the client nervous (hadn't slept the night before), but I felt a tribe of butterflies in my stomache. This is the 'healthy' stress of the lawyer about to go to battle. Client had had to attend a series of group counselling sessions prior sentence. English is his second language, our lovely immigration authorities might end up using the proceedings as ground to revoke his visa. So we had to be quite careful. The result was as good as could be expected (no jail). The trick was to use the reports before court, which were quite negative, to prove our particular case. And to do this without challenging what was in the reports per se. This took about an hour of court time. My joy was to have a very good and accurate magistrate test and probe me about my instructions, and come up clean. I felt like one of those lawyers who proves black is white.

Except, in my case, it was all true ...

Inches into Miles

2006-02-07T23:58:00.000-08:00

I seem to be keeping this blog on a daily basis. I find that amazing, unusual for me to be so regular.

Today I spent the morning in court and the afternoon farting around the office. What appeared on the surface to be four fairly simple matters (all in custody, all due for release on bail pending various reports) grew into five matters each of some difficulty. For various reasons, only one client was released, but I think I ironed out the others' various problems so that they should all be eligible for release on their next appearances. This took all morning to do. The fifth matter was my appearing in lieu of the client's regular lawyer (who had to be somewhere else and asked me to attend). I had appeared in past for this client, and it was nice to see that he is getting his act together. He's not out of the woods yet, but we can see daylight.

In the arvo, I helped a colleague out a little bit by giving her a fresh angle to look at a technically finicky matter of law she is dealing with. I also put together an overly long letter to a psychologist, seeking an opinion. I will have to tighten it up tomorrow. Besides that, I had to get the usual round of letters out to those I had appeared for earlier in the day.

Anyway, it's raining now (after a long hot spell), so I'm off to enjoy the cooler weather.

Day in the Office

2006-02-07T00:37:00.000-08:00

Today was one which I spent almost entirely in the office (went for a walk to the local market at lunch). I even got in a few minutes early to spend maximum time there.

Spent a couple hours just working out what matters I have going in which jurisdictions, and whether there are any going critical that I for some reason am not aware of. There were none such. That was a relief.

Then, it was a case of use the time to make several phone calls which I have been avoiding for (almost) too long already. The most critical of these was one I made to a psychologist to go and see a client in prison. I had previously asked for the present adjournment to get a psychiatric report. For a couple of weeks I have been thinking about it (meanwhile, the deadline approaches). More and more, I thought that it was actually a psychologist I needed to give an opinion. Today I made an executive decision, and did what I think is right. I'll deal with the court when the time comes, at present it was necessary to make a decision so that the work will be done in time.

Then I had a client come in, and we discussed her matters. She is sentenced in a couple of weeks. Real battler.

Then a lunch time walk.

Then, in the afternoon, several more phonecalls, and a lot of administrative hoo hah, and having a look at the Migration Act http://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/ so I can interleave my client's probable future needs in relation to it into my sentencing submissions on Thursday.

Life as a lawyer seems to be getting better as I feel more and more on top of my angst.

I lost the benefit of my early start by leaving a minute early. Such is life.

Monday Moves

2006-02-06T00:28:00.000-08:00

Well, I made it into the office late Sunday morning and spent around three hours there. Didn't achieve any miracles, but certainly moved ahead on several adminstrative tasks that needed doing. I dread to think how long that would have taken in a 'normal' day, when any work I do is constantly interrupted.

Today was a regular day, with no backflow adding to tomorrow's tasks. That's good, maybe the trend is being reversed. I even got out a seriously complex letter of negotiation for a matter that's been playing on my mind for a while. Still have things to do tomorrow that should have been done last year, but less and less as I do more and more.

What is making a serious difference to my workload is the fact that I am now being assisted in my job by another lawyer. For nearly half a year I have been carrying around two jobs worth of work, due staffing shortfalls in the place I work. Those shortfalls have now been filled, and the cavalry is soaking up the excess that I have had to cope with 'til now because if I didn't do it, no-one would. And when you're talking about people going to prison if they aren't adequately supported, then you can perhaps see why I was stressing out so much.

So. How's the blog going?

Try Again Tomorrow

2006-02-04T00:07:00.000-08:00

Well, I didn't make it into work this morning. My Saturday remains inviolate. I spent most of the day in bed! Was great! Even got to sleep in! Didn't want to spoil the day of sloth, they are few and far between.

Downside of this is, of course, that I will have to go in on Sunday morning. How sick is that!

First Week Whigged

2006-02-03T04:11:00.000-08:00

Today left me a bit less Whigged out than have the previous two. Started at 7 am at home, working on tabulating a client's results of several months on drug court program. Bus to work, check email etc. Go to coffee shop to be away from potential distractions for an hour while I review submissions etc prior court.

At court, morning spent on three matters. First is sentencing for graduate of program. Should do well. Sad thing is that magistrate put off decision, after we had made submissions, for two weeks to think about it. I guess I don't blame her, the matter involves a fairly technical area of sentencing law involving the interaction of the statutory good behaviour bond with a suspended sentence, the admitted breach of that bond by further offending, and subsequent rehabilitation as shown by progress on court supervised program. In the words of the magistrate, it requires 'creative application of the law' - to which I wholeheartedly agreed. I could point her towards several cases from higher courts that might be of assistance.

Next matters involved people from custody. The first was for sentencing - was put off to allow the court to receive some further reports which we would usually have had by today. The second was whether prisoner could continue on rehabilitation program despite reoffending, or would be sentenced immediately. He was allowed to continue and there were tears at the decision (one of 'mercy' in my submissions).

So, for a morning, not too bad. Afternoon was full of odds and ends. I did get to go for a walk for half hour in midafternoon (my substitute for a lunchbreak I rarely actually take). Went to the parklands and back. Refreshing.

I am going in to work tomorrow morning for a few hours. Hopefully I can knock on the head a lot of what needs doing. One isn't interupted on a Saturday, so hopefully I won't be there more than a few hours. This is, believe it or not, a rare thing for me to do.

I hope to keep it that way.

Stress

2006-02-02T03:52:00.000-08:00

Warning to all who might wish to take up the practice of law, particularly criminal defence work. It is very stressful. They don't teach you this at lawschool. And it's not the same sort of stress you undergo prior to an exam or a presentation. It is a dry and remorseless heating of the blood as the deadlines keep approaching, the tasks required keep appearing and the time available keeps diminishing. And it is just the way of things, something one must learn to cope with. I am learning of this only now, after practicing for over four years. A new layer of practice to place upon that of technique and knowledge - how one manages day to day.

If one doesn't, one gets overly stressed. And that's when work can become a problem.

Court and Office

2006-02-01T03:22:00.000-08:00

Today I was in court through the morning, and half of the afternoon. I was in my office in the later part of the day, but didn't get done all that needed doing? Do any of us ever?

The time in the morning was chewed up dealing with around five clients, all except one of whom were in custody and whose matters in the normal course of things would have only been a couple minutes each (all to do with bail applications, or having them referred back to a suburban court for sentencing). In each matter, however, there were complications and liasions that were required, which stretched them out significantly. Everything moved forward however. I guess that was something.

A lot of lawyering is like this, intensive and high stakes, but no miracles and what you receive is a product of what of what you do. A bit like life. Except, I believe in miracles...

Donning the Whigg.

2006-01-31T04:16:00.000-08:00

This blog is taking off where another ended. The reason for the demise of the other related not to it in itself. That's my initial explanation (as if any is needed except to those who came here via that old blog while it existed).

Enough huff and puff. What is Whiggsy going to go on about?

Basically, life as a lawyer, primarily about the trials and tribulations of actual lawyering, but occasionally about some of the more personal aspects of the trade. And, when I feel like it, about all those things in the civic world around that really drive me nuts (for good or bad).

Will try and keep updating on a pseudo regular basis. From experience, this means anywhere from monthly to daily. Stay tuned...