Looking back on my time at the Money Advice Centre, one of the more interesting aspects of the job was representing clients in the County Court, and where necessary in the High Court. It was fascinating to watch the legal process in action although it was, from time to time, fraught with unforeseen perils.
I remember one memorable Possession Order Hearing. The client actually turned up, which was fairly unusual on its own and, with hindsight, should have tipped me off that it was going to be a tad unusual. The Landlords had actually engaged a Barrister who stood there in a pin stripe suit, wearing a look that combined smugness and sympathy in a way that only experienced Lawyers can manage.
He saw that my client had turned up and showed a genuine flash of humanity, he whispered to me “I’d back out now if I were you”. My sense of foreboding increased exponentially, the Barrister had obviously encountered my client before. My client I knew to be extremely talkative and addicted to an excessive degree of levity, neither of them being traits that would be likely to endear him to the Court
The Hearing started out in the normal way, the Barrister set out the reasons why a Possession Order should be granted. The District Judge asked the usual questions, then turned to my client and began to ask for his version of events.
Having been to Court many times I had closely studied all of the District Judges, their foibles and facial expressions in particular, so that I could make a judgement about how to pitch things. I knew this District Judge to be virtually immobile facially, the slightest tic or twitch was an event signifying a level of concern.
He asked my client whether the address given was his primary place of residence. My client replied “I don’t know what you mean your worship”. The Judge’s eyebrow twitched slightly.
I mean is that where you live? said the Judge. “Some of the time” replied my client. Definite movement of the eyebrow there.
The Judge pressed further and asked Where do you sleep? My client replied “It all depends” The eyebrow moved upwards.
On what? enquired the Judge. “On how lucky I get” replied my client. The eyebrow was halfway up the forehead by this time.
Then to my horror my client actually winked at the Judge, and eyebrow disappeared amongst the hairline.
The District Judge then looked directly at me, staring over the top of his half glasses for what seemed an eternity and said “Well?” I saw the Barrister looking at me waiting for what I could possibly say. To my utter mortification no inspiration came and I found myself giving a very continental but expressive shrug, palms splayed outwards, and weak grin on my face.
This apparently, was not the response the Court were looking for, and the other eyebrow shot up.
It all turned out OK in the end. The District Judge showed a spark of compassion and adjourned the Hearing so I could “take further instructions and pull myself together”, and the client stayed in the property.
What did I learn from all of this?
- The County Court is not The Comedy Club and you should never ever confuse the two
- Judges, quite rightly, take themselves and their roles VERY seriously
- Humour can be very effective, but only in the right setting
- Be absolutely sure that you are on the same page as the person you’re advocating on behalf of
- Preparation is all, do not assume your natural wit and charm will see you through
- And finally if it all goes horribly wrong, learn from it and try again.
Chris Bain 