Sunday, July 01, 2012

June Post of the Month

I thought I would do a special reprise of my old Post of the Month trophy for a post that made me smile the other day.

Anyone who has ever done any advocacy will know the special meaning of the words "I am instructed..." or "I have been instructed..." when addressing the bench. Essentially, they mean that you are about to tell the judge/magistrates what your client has told you (or, in the case of a barrister, what the client has told your instructing solicitor), but you don't believe a word of it. The idea is that you don't get a reputation with the bench for wasting their time, which could obviously adversely affect future cases before them. Hopefully, the client won't realise, and just thinks that you are following their instructions.

Babybarista or, to be more precise, TheBusker demonstrates in this excellent post that in the right hands the words can also be used to gain a significant advantage for one's client. Of course, if you are not TheBusker, then you might not get away with such a tactic...

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