Search
This area does not yet contain any content.
Justinian News

Movement at the station ... Judges messing with the priestly defendants ... Pell-mell ... Elaborate, if eye-glazing, events mark the arrival of the Apple Isle's new CJ ... Slow shuffle at the top of the Federales delayed ... Celebrity fee dispute goes feral ... Dogs allowed in chambers ... Barrister slapped for pro-Hamas Tweets ... India's no rush judgments regime ... Goings on with Theodora ... More >>

Politics Media Law Society


Appeasement ... Craven backdowns galore … Creative Australia – how to avoid “divisive debates” … Grovels and concealments follow the “Undercover Jew” fiasco … Suppression orders protecting Lattouf terminators … No waves at the Yarts Ministry … Preselection jeopardy for pro-Palestinian pollie … Justice Lee dabbles in “sentient citizenship” … Semites and antisemitism ... Read on ... 

Destruction of Gaza and Ethnic Cleansing

Free Newsletter
Justinian Columnists

Rome is burning ... Giorgia Meloni's right-wing populist regime threatens judicial independence ... Moves to strip constitutional independence of La Magistratura ... Judges on the ramparts ... The Osama Almasri affair ... Silvana Olivetti reports ... Read more >> 

Blow the whistle

 

News snips ...


Sally Dowling SC and the ODPP NSW get a gold stamp from the Sexual Assault Review Report ... "The Review found a consistently high standard of legal analysis concerning the question of whether to proceed with sexual offence prosecutions" ... More >> 

Justinian's Bloggers

Letter from London ... T.S Eliot gets it wrong ... Harry cleans up in a fresh round with Murdoch's hacking hacks ... All aboard Rebekah Brooks' "clean ship" ... Windy woman restrained from further flatulent abuse ... Trump claims "sovereign immunity" to skip paying legal costs of £300,000 ... Floyd Alexander-Hunt reports from Blighty ... Read more >> 

"Creative Australia is an advocate for freedom of artistic expression and is not an adjudicator on the interpretation of art. However, the Board believes a prolonged and divisive debate about the 2026 selection outcome poses an unacceptable risk to public support for Australia's artistic community and could undermine our goal of bringing Australians together through art and creativity."

Statement from Creative Australia following its decision to cancel Khaled Sabsabi and curator Michael Dagostino as the creative team to represent Australia at the Venice Biennale 2026, February 13, 2025 ... Read more flatulence ... 


Justinian Featurettes

Damien Carrick ... For 23 years Carrick has presented the Law Report on ABC Radio National ... An insight into the man behind the microphone ... Law and media ... Pursuit of the story ... Pressing topics ... Informative guests ... On The Couch ... Read more >> 


Justinian's archive

The Saints Go Marching In ... Cash cow has to claw its way back to the LCA's inner sanctum ... Stephen Estcourt cleans up in Mercury settlement ... Amex rides two horses in expiring guarantee cases ... Simmo bins the paperwork ... Attorneys General should not come from the solicitors' branch ... Goings On from February 9, 2009 ... Read more >>


 

 

« The five phases of law firm fresherdom | Main | Letter to a judge »
Friday
Aug192016

No Fee - No Win

Junior Junior's phone hasn't rung for weeks ... Cultivating the appearance of busyness ... Smoke and mirrors ... Fake briefs ... Knowledge of cheese ... The critical importance of the correct sized folder  

NOTHING quite prepares a young barrister for her pro bono client's declaration that he earns more money than she does.

I've taken on a few freebies lately. It's not that I'm a charitable person - after all, 80 percent of my income is spent on coffee and wine. 

No, it's because when the tumbleweeds begin to roll through chambers, the pro bono stuff presents the only opportunity to get on one's feet and convince the head of floor that taking you on as a licensee wasn't a huge mistake.

It will come as no surprise, then, that I've recently come through a very quiet patch. For several weeks the phone didn't ring. Out of desperation I asked my clerk if the phone still worked. She assured me that yes, it did. In fact, she said, it was the only thing in my room that worked.

As my levels of desperation rose, I began to realise the importance of maintaining an appearance of busyness. My experience at the bar has thus far been an exercise in smoke and mirrors, and there was a risk my inactivity would irreparably impugn the fake facade of barristerdom, which I had worked so tirelessly to cultivate. 

Of immediate concern were the innocent questions of passing colleagues as to what I'd been doing with my time. I needed to have a quick response at hand, something that sounded plausible in its unremarkability. 

I settled on the following stock answer, which could be varied as the circumstances required:  

"Oh, I've just come from the [insert name of list]. Tell you what, [insert name of judge or registrar] was [insert level of fairness followed by anecdote about hard cheeses]."

I became quite practiced at regaling passers-by with fictional accounts of the Admiralty List and Stilton, but it was still not enough. My stock response was invariably delivered while standing in the streets empty-handed. I needed a prop, something ready at hand that I could carry, giving me an aura of barristerdom.

I needed a fake brief.

If I could give any young barrister a piece of advice, it would be this: when you construct your fake brief, make sure it has a worn, dog-eared appearance. 

The folder should be white in colour. If possible, the chosen folder should be 38mm in diameter and have two D rings as required by the Court of Appeal rules. 

Carry a 38mm folder around and people will assume that you've developed an appellate practice mere months into your career. Carry around a 40mm folder and people will assume you are a fraud with no practice at all.

The folder should contain scrap paper which is heavily tabbed. It also doesn't hurt to highlight and annotate pages at random intervals. That way, if you're having a coffee somewhere you can have your fake brief open and pretend to be looking through the material. 

People will think that look of strain and frazzlement on your face, which is actually because your rent is overdue and your calendar is bare, is down to your ceaseless hard work.  

"Look at her," people will say. "Even when she has a coffee, she's working. No wonder she's briefed to appear in the Court of Appeal."

If there is the lesson to be learned from this, I don't have time to figure it out. I'm far too busy. I've actually just come from the Equine Detinue List ... 

Reader Comments

There are no comments for this journal entry. To create a new comment, use the form below.
Member Account Required
You must have a member account on this website in order to post comments. Log in to your account to enable posting.