Sunday 24 February 2013

Jobs and Juries

So this week has been mainly focused on revision and work. Nothing much to report! However, there are two things I feel the need to blog about. First, my growing unhappiness at my current job. Second, the story in this weeks news about the Vicky Pryce jury. 

"Find something you love to do and you will never have to work a day in your life"

I feel uneasy and unsettled. The last 5 years of my life have been all consumed with getting THAT legal job, just a foot in the door, "just someone give me a chance!" 

As you may know, last summer I was lucky enough to land a summer placement doing commercial work with a large in-house corporation which led on to a part time job on a temporary contract until December. Imagine my delight! This, in turn, allowed me to get another part time job working reception at a small high street firm. I thought all my Christmases had come at once. The dream I have never dared to pin any certainty on seemed to be happening and I begun to wonder if a TC could be possible. 

Fast forward 3 months.

I don't feel fulfilled. I don't feel hopeful. I don't feel happy. And it's the job. Without being too dramatic, I am genuinely questioning every career choice I have made in my short time since school and wondering if law is even for me. Ever since starting at my current work I have hardly been welcome. One particular partner is pretty horrendous to me and barks criticisms every time I work. I attended the Christmas office party in skinny jeans and a pretty top, having been told by my fellow admin staff the dress code was smart-casual, only to be met by the whole office in black tie. I have had numerous notes sellotaped to my desk regarding the way I work (trivial things like hand writing size), but with no names so that I can't follow it up. I am finding it difficult. In response to this I have shrunk into my shell and tried to have as little interaction with certain people as possible. Counterproductive? I have since heard that the partner who has a particular dislike for me has told a number of secretaries that I am "too quiet" with "not much to say". I cannot win and I dread work every week. 

It is possible that I am maybe not right for law? Academically I am well suited. But we all know that it takes more than that. A partner at a firm I did 3 months work experience with in my third year told me he thought I had great potential so why have I gone so wrong here? Just bad luck?


"Death by Ridicule"

Yes, that is apparently the fate of the jury in the Vicky Pryce trial who, during 2 days of deliberations, submitted no less than 10 questions to the judge in what was described as a simple trial. This story has really caught my attention and is under bitter scrutiny by many legal writers. Some see this as evidence of a jury system functioning how it should: asking for clarity in order to come to a legally safe verdict. Others see this as devastatingly worrying evidence of a system allowing people, who may not reach a basic threshold of intellectual ability, to be involved in such a complex and life-changing process. 



I am a staunch advocate of our adversarial system and the jury that comes hand in hand. Who can possibly be better to make such decisions than 12 different people from different walks of life, unbiased to the legal system? How else could we better avoid corruption in such decisions or undue influences from people on the "inside"? (my conspiracy theory side running away a little bit!). 

However, we cannot hide from the points this case raises. I could possibly be swayed into thinking that an aptitude test might be appropriate. If we can be convinced that a jury possess basic literacy/numeracy and analysis skills, would that not solve the problem? But then what about a human rights... would subjecting members of the public to such tests be a little invasive and embarrassing- as well as time consuming and expensive. Equally, we cannot sit back and do nothing. It is not sufficient for the fate of those on the stand to be in some kind of "jury lottery" in which when you lose, you lose big.  What does that mean for consistency and certainty of the application of our criminal law. 

Some have suggested an opt in system- you opt in to jury service and take aptitude tests in order to be entered onto a waiting list. Personally, I think this will alienate a large slice of society. A compulsory jury service plucks people from all backgrounds, many of whom might be unlikely to sign up to such a process. Might a voluntary jury be filled with middle class intellectuals? Lawyers, accountants, doctors... with the less intellectuals or most wealthy sections of society being excluded. 

Alternatively, the most complex legal cases could be reserved for decision by a panel of judges. This of course removes the problem of the need for intellectual testing but then what about the idea enshrined in our system of a lay jury deciding on a person's guilt. Could this just open up a can of worms for the appeal courts?

Clearly the issue is a difficult one to solve, but it would seem that some kind of reform is on the horizon. I watch with baited breath. 

Sunday 17 February 2013

Wills and Administration of Estates exam

Friday was the day of the Wills exam. It was a one hour MCQ paper and, to be honest, I was way too chilled out about it. I didn't begin my revision until Wednesday and even then it was slow paced. In my defence, I do prepare really well for the workshops so there was no missed reading/i-tutorials to catch up on. 

My lack of preparation only dawned on me at 6:00pm on Thursday evening when I achieved exactly 50% in the past exam paper online. Wills is marked on a fail/pass basis and so anything over 50% is irrelevant anyway, but I felt extremely uncomfortable that I had only scraped a pass. Cue panic. Needless to say, much cramming was had that evening and I arrived at 8am on Friday morning to do some final preparation with my friends. Cue second panic when I realised I had overlooked some quite vital consolidation work at the back of the Wills work book pack. I quickly completed the tasks, marked it and achieved... 56%. Oh lord. I worked through my errors and made notes of where I had gone wrong before we quickly headed off to the exam. 

Cue third panic when I sit down to realise the MCQ answer paper can only be marked in pencil and guess what? I had no pencils. A quick scout around sorted me out, and it wasn't a big deal, but I loathe to feel unprepared. Feeling panicked is a terrible way to begin an exam. I actually took a year out between my first and second years at uni but had left in January so when I returned I had to be manually entered onto the university data system. This genuinely caused me no end of problems: I wasn't on teacher email lists/registers, my electronic submission of assignments was not sent to tutors, I had no online timetable so received no change of time/room/etc notifications.... the list goes on. Anyway this all came to a head when the exams rolled around. Land law was first and as soon as I turned up to the exam I realised I hadn't been allocated a seat. I followed the people with the land law statute books to the main hall and explained my problem. Luckily they seated me at a spare desk at the back and put the relevant papers on my desk. Property Law. Hmmmm. Something didn't feel right. But I sat there until the exam started and opened my paper. It wasn't the same format as the past papers. Something definitely wasn't right. My tutor was stood at the back so I caught his eye and ushered him over:

"Am I in the right exam?"
"Err I'm not sure... are you in my property law class?"
"Yes I'm in your land law class"
"OHHH! No, land law is the the small hall at the other side of the building!"

Turns out, because I had already begun the land law course, all of us that had intermitted half way through the year were on the old version of the course and were taking a different exam. I ran to the small hall and explained I had no desk etc. I was eventually seated and achieved a 61 in that exam. But I genuinely believe to this day that the panic and anxiety I felt at the beginning of that exam affected my overall result. 

I digress. 

So I started the wills exam in a bit of a tizz. Luckily, there were't any questions I felt really really out of my depth with and I am hopeful that I will have passed. With BLP exams in 2 weeks, my terrible revision for wills has definitely made me realise I must be much more on the ball. Bring on the revision.

Friday 8 February 2013

Beware the Partner

So this week we had the final workshops for the Business Law and Practice module. It was bitter sweet. We now have exams to face and then when we return our group will be split up for our electives, and I must admit I have made some good friends in this current class so I will be sad not to have workshops with them all. 

With all that said, this post will be less focused on the LPC and more about our (hopeful) future lives as trainees! I have been considering writing something like this for a while but was finally convinced to do it following some conversations that were had in class this week. So, this post is dedicated to...

The Partner. 

I myself have only come into contact with a limited number of partners, so please excuse the gaps in 'partner' information. If you have any stories of your own please feel free to comment :) 

We all know that The Partner holds the key to your future success. Whether it's getting on that first vacation scheme, or getting that promotion you've been slogging away at for the past 3 years- The Partner is the guy (or gal!) you need to impress. So who is The Partner? What makes him/her tick? More importantly, what do you need to do to win The Partner over? Read on at your own peril. 

The High Street Partner

Ahhhh The High Street Partner (HSP). My own experiences of these fine chaps are that a good many of them are susceptible to, what I like to call, Big-Fish-In-A-Little-Pond syndrome a.k.a. superiority complex. Working in a high street firm, I am constantly reminded of the poem by Henry Wadsworth Longfellow:

"... when she was good she was very very good,
and when she was bad she was horrid..."

The 'good' HSP is bloody fantastic: helpful, friendly, interested in other members of staff- an all round nice guy.
The 'bad' HSP is a nightmare. 

And since this blog would be far less interesting if it was all roses and rainbows, I think I will share a few 'bad' HSP characteristics (all based on experiences of people I know):

  • the bad HSP is prone to a lunch time tipple (and an after work tipple for that matter). Just make sure you're not in the firing line when he returns after a bad client lunch because he may just throw a wad of papers across the room at you, while screaming so hard he's gone bright red. All in front of several big clients.
  • A running joke amongst many students I know is that the bad HSP will not, UNDER ANY CIRCUMSTANCES, take calls from estate agents. I have even asked friends who are estate agents about this myth and they too agree that many solicitors will just not accept their calls. Beware, little trainee, or you will rue the day you ever try to put that call through.
  • The bad HSP does not want to know about your evening/weekend/cat that is at the vets having been struck down with some mystery illness. In fact, he hardly wants to engage you at all (that is unless you have the capacity to line his pockets). So don't take his grunts and lack of eye contact personally. But do carry on smiling and asking him about his evening/weekend/cat that is at the vets having been struck down with some mystery illness, if only to gain some secret satisfaction that you are seriously winding him up.
The In-House Head of Department

Okay, not strictly one of The Partners, but not to be disregarded nonetheless. My own experiences of in-house are that those in the legal teams are generally happy to have escaped the rat-race of law firm life. Less pressure, less targets and less opportunity for promotion... 



Head of In-house legal knows significant pay rises are few and far between. He has reached the top and his pay is not dependent on who/what is coming through those double doors. Enter Mr relaxed-but-maybe-not-as-fulfilled-as-a-law-firm-partner. Probably won't be busting your ass for results, but you know the only chance of you moving up is him moving on. 



The Regional Partner

These beauties fit somewhere between our lovely HSP and the mega-successful large commercial firm partners. The Regional Partner (RP) is balanced, you might say? I am sure the majority of them are, but RP's can and will shout. Alot. Just don't do a nervous giggle and you might get through it unscathed. I have also heard stories of unsavoury things that the RP may ask you to do for him but I'm sure those RPs are very few and far between....




In spite of all the above, I really do respect The Partner. After all, he has worked his butt off, sacrificed ALOT of personal time and, especially in the case of the HSP, the firm may well be his 'baby'. There are some absolutely fabulous partners out there, punctuated with the odd nightmarish partner. But, if you have the misfortune to meet him or work with him, I am afraid you'll just have to grin and bear it.