Despite my best efforts, this new year has brought about the
discussion of updating my blog. I am sure that you were all incredibly bored
during the holiday break – and missed my blogs dearly! However, this year
signals a great change for The Underage Lawyer, both the social media and the
writer.
It is our third year of blogging together, and I am very
excited to introduce a new blog series. This series is going to signal a change
in The Underage Lawyer, as I move from purely reading textbooks to delving into
the reality of the legal world.
As I commence my second year of law, I think it is evident
to most that I have graduated from the precocious wannabe lawyer. I am now
something akin to a semi-lost law clerk. I say semi lost because as you will discover
in this upcoming series, life as a law clerk isn’t as simple as the textbooks
suggest. There is awkwardness and a distinct lack of sophistication as I
negotiate the path from the textbook to the court.
Although I cannot publish names, dates or juicy case
details, I can promise you to accurately details the mishaps of my daily events
at court. Already in the last six months, I have made enough mistakes to make a
soap opera.
 |
| Ready for the day! |
Firstly, an introduction to the two most important places in
a clerk’s adventure.
One; the office where my senior/boss/supervisor works. The
office is important as a lot of the time I'm situated there. The room consists
mostly of books and unsorted files. A desk, trinkets, and three chairs
accompany this messy array of records.
Two: The courtroom. Far less time is spent here than the
movies suggest, but there’s a lot of time to marvel at the excitement of it
never the less. In the courtroom beware, many odd rules and rooms might land
you in strife.
The first day I spent on my clerkship I was attending a case
in court. As a clerk, I don’t have to stand up or say anything. I get to follow
behind the barrister and hold any important notes as well as take notes for
myself. It’s a lot like being a secretary because the more you can keep track
of the files and where they are the better you’ll do.
If you’re ever going to be a clerk I’d recommend working on
your memory retention – the ability to
remember cases is a godsend! Try to remember both cases you’ve worked in and
the cases you have used as precedents. In fields like family and criminal law
you’ll use the same precedents again and again, so the faster you remember them
the better you will be able to follow legal arguments in court.
But back to the case, this wasn’t a jury trial – it was a
sentencing proceeding. This is a far more casual affair in which the judge lays
down what he will punish the convicted with, and any mitigating factors are
considered (although sometimes it happens before this date).
 |
| Hanging out in the witness room before a case! |
Of course, most court behaviors must accompany this
proceeding but who knew there were so many! While law books write about
deference to the judge and court to show respect to the justice that is present
it’s a lot different to act it out in court. The act of respect usually takes form
in a bow towards the judge and this bow feels pretty awkward.
In school, I thought I knew what it felt like to bow to a
judge. You bend slightly, straighten and then take your seat.
If only it were that simple!
In a courtroom, you
feel especially concerned about not making a fool of yourself. So as the
excited but terrified junior I have I had no idea what to do when the judge
entered the room. I knew to bow of course – but how deep, how long and in what
direction?
Most people would assume that you can just copy the
barristers and solicitors that surround you – but beware - they are seldom
useful when you’re not sure what to do. The different members of the court room
all appear to have different ideas about what they’re doing Not that they’re
all vastly different, but they’ll all have varying degrees of duration, depth,
and direction – so don't look to them for help!
 |
| Peppermint chocolate...I burned a lot of calories with all that bowing!! |
Older barristers and solicitors make their bow confident,
ending their bow with a sophisticated nod to the judge. Most of them will have
worked with the same judge several times before, and their professional
relationship shows by the ease of the gesture. However, younger solicitors and
barristers perform a quick head bob, much like a bird pecking for worms. They
appear almost unsure if they’re meant to be bowing at all. So, when you’re
trying to figure out what to do, stick with short and straightforward. At least
that way you can’t be caught still bowing while the others are sitting down!
Who knew something so simple could be so awkward?
As a first day on the job, it was a surprisingly simple
thing that tripped me up. There is no need to fret if you’re just beginning
your legal career in high school or at uni. We’re all going to make mistakes,
and something as simple as a bow can’t end your chances forever. Remember when
you’re feeling awkward you’re probably not alone – so just do your best!
