Is ignorance typically bliss for laypeople having contact with the authorized system? I’ve observed that nonlawyers take pleasure in a way more relaxed angle with the judicial setting than we legal professionals do. We get uptight, bending over to show reverence whereas the laypeople haven’t any such qualms, doing what comes naturally, expressing themselves with full candor.
For instance, when a choose enters the courtroom, she or he takes a brief bow towards the physique of the courtroom and the legal professionals return the praise, additionally taking a bow. Some legal professionals should suppose that the end result of their case has a higher probability of success in the event that they take a few additional bows. I ponder whether the choose picks up on this additional layer of deference and will get swayed, pondering, “This man is tilting backwards and forwards like an oil rig. I like his case already.”
Quite a lot of instances I observed my purchasers and different laypeople taking a look at each other, emitting a smile throughout this ritual. One shopper participated on this ritual in his personal method, giving the choose a thumbs-up. The choose regarded puzzled, as if she thought, “I should have executed one thing proper already.”
Many legal professionals additionally are inclined to throw doubtful flattering phrases on the choose even earlier than the case begins. I’ve typically heard them in saying their names saying one thing like, “If it please Your Honor, my title is Lawrence Coopersmith, representing the plaintiff.”
After I hear this salutation, I consider the music these Siamese cats sing in Disney’s Girl and the Tramp: “We’re Siamese when you please. We’re Siamese when you don’t please.”
Shoppers will typically resort to feedback evoked by emotion, having little bearing on the deserves of the case. I as soon as represented a gentleman on a cost of driving beneath the affect. He was a proud World Warfare II Navy veteran who clearly had skilled extra making an attempt experiences than this indictment. Within the midst of a sturdy cross-examination by the crown legal professional (aka prosecutor or DA), he stated with utter confidence, “You’re harassing me with all these questions. I spent years in a submarine dodging depth expenses. There’s nothing you are able to do to me. “
The younger prosecutor was stunned, clearly shaken. The choose who appeared considerably tired of the matter to that time all of a sudden perked up. He stated to the shopper, “Mr. Cerniek, we do acknowledge your service to our nation, however please simply reply Ms. Fitzmichael’s questions and we will all be out of right here quickly.”
I believed to myself, “A lawyer may by no means go off on that tangent like that.” It will, nevertheless, be refreshing and liberating to have the ability to say to a choose, “Your Honor, you say my witness’s remark is rumour, however you have to admit this testimony. In spite of everything, I served for thee years as a Navy SEAL.”
I someway doubt whether or not the choose would then say, “Really, counsel, serving as a Navy SEAL is an exception to the rumour rule.”
I additionally recall a matrimonial case the place the choose ordered my shopper, a musician, to pay his spouse some arrears of spousal assist. My shopper, Rick, didn’t like this ruling and informed the choose outright, “For that sum of money, I can get myself a brand new set of drums.”
The choose added that, in default of fee, Rick must spend a while in jail.
I cringed just a little as a result of Rick was behind in paying my charges at that time. I needed to specific myself with the shopper’s candor however kept away from saying, “Your Honor, with that sum of money, Rick can repay my excellent charges account.” The place is the justice?
Typically the litigants haven’t any issues telling what the choose outright what they consider the judicial system. I used to be in courtroom as soon as ready for my case to be referred to as when the case earlier than mine concerned a brief listening to the place the choose needed to assess a authorized invoice between a lawyer and her shopper. The shopper, a bit edgy, wasted no time leaping on the choose, saying, “I do know precisely what’s going to occur: You judges and legal professionals stick collectively like glue.”
The choose really went on the defensive, presumably to attempt to refute the shopper’s suspicions about any potential systematic bias. I don’t know if he succeeded in persuading the shopper that judges aren’t essentially sympathetic to legal professionals; I did, nevertheless, suppose I’d have preferred to have been earlier than that choose within the case the place Rick nonetheless owed me cash.
And laypeople’s relaxed attitudes towards judges are additionally obvious out of the courtroom. One in every of our courthouses in Toronto homes trial courtrooms on the higher flooring of a tall high-rise. There aren’t any separate elevators for the judges. Throughout a lunch break as my shopper and I had been about to enter an elevator to descend, we observed the trial choose heading for a similar elevator. I hit my brakes, as did some colleagues, permitting the choose to enter by herself.
My shopper was shocked. He stated to me, “That was our choose. Why didn’t we journey down together with her? We may have defined that site visitors sign to her higher.”
That remark had a few colleagues who overheard it guffawing. The reality most likely is, all of us seemingly shared that unattainable fantasy. In spite of everything, we’re legal professionals.
And what occurs once we come throughout judges out of the courthouse?
As legal professionals, realizing what we all know, will we unwittingly considerably deify judges? It’s not uncommon to see judges having lunch at eating places close to the courthouse. I don’t recall ever approaching one and fascinating her or him in a dialogue. I considered that Previous Testomony scene with Lot’s spouse. It’s nearly like I felt if I did so, I’d immediately flip right into a pillar of salt.
A shopper of mine accompanying me as soon as observed my discomfort. After I informed him there was a choose sitting at a close-by desk, he stated, “Wow! I’ll guess you thought judges don’t should eat.”
Judges definitely can wield energy, deciding whether or not you might be entitled to a sum of cash or you’ll lose your liberty. Legal professionals are extra uptight about this example than most of the people. I consider that remark by the long-lasting comedienne and movie star Mae West in a courtroom scene in My Little Chickadee, the place the choose says:
“Are you making an attempt to point out contempt for this courtroom?
Mae West in her character as Flower Belle Lee responds, “No, Your Honor. I’m doing my greatest to cover it.”
Now what are the possibilities of a lawyer ever arising with a gem response like that?
Are we legal professionals too invested within the system? I consider Mark Twain who stated, “All you want on this life is ignorance and confidence; then success is assured.”
Amen.
Marcel Strigberger, after 40-plus years of training civil litigation within the Toronto space, closed his legislation workplace and determined to proceed to pursue his humor writing and talking passions. His just-launched guide is Boomers, Zoomers, and Other Oomers: A Boomer-biased Irreverent Perspective on Aging. For extra data, go to MarcelsHumour.com and comply with him at @MarcelsHumour on Twitter.
This column displays the opinions of the writer and never essentially the views of the ABA Journal—or the American Bar Affiliation.
