Your Honour, I move to have all my friends struck off the roll

by Jinryu

15:30 in the afternoon.

I got out of the first round of mock interlocutory proceedings at about13:30– we’d been “in court” since 9:00AM. Most other classes had gotten out by about 10:30 or so.

 

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In lawyer talk, “friends” refers to fellow lawyers, and to be “struck off the roll” means to have their practicing certificate revoked.  Usually this is done if you’re incompetent.

Not that

Well, I guess that’s not really possible, since I”m not actually in court; the teacher in front of the room is a solicitor, not a judge; and my friends aren’t even on the roll anyhow, since we’re all doing our licensing course.

But I was pretty pissed off this morning. Pretty pissed off because although this was a mock interlocutory application hearing, and even though it was our first one, the majority of the class didn’t do their homework to make their cases go as smoothly as they could manage.

I am not against people being beginners– I’m a beginner too. But what I can’t stand is when people don’t give a shit and waste everyone’s time watching them slog their way through a field of mud for stupid reasons.

Some of the real smart (and by smart, I mean idiotic things done by my peers today:

  • objecting to their own client’s affidavit
  • not numbering the paragraphs or pages of their client’s affidavit, and then giving the judge a different version (so that every referene to the affidavit had to be referenced by “a page after that, after the words blah blah”
  • not knowing if the applicant was a plaintiff or defendant (not knowing who their own client was…)
  • not knowing what their client wanted (hmm… money, maybe?)
  • relying on paragraphs of an affidavit that have been struck out, just a few minutes ago
  • saying “well, because that’s what it is!” as ‘evidence’ instead of saying “I direct Your Honour’s attention to Annexure C of the Affidavit of …”
  • Objecting to the entireity of the opponent’s client’s affidavit, all at once.

God, teachers have it so tough.  If I was them, I would have just told them all off for obviously not doing their homework.  Although today’s practice run was for grades, it really just reflects poorly on everyone when a bit of effort would have made things a lot more educational for everyone.

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