Lunch at the Inner Temple and More

NOTE: Several of you have asked me to post some pictures, and I am trying to figure out how to download pictures onto my iPad. Worst case scenario, I will borrow a laptop to download them. Regardless, I should have some photos up by this week!

MY FIRST WEEK IN CHAMBERS AND MORE OBSERVATIONS
I finished a very interesting week in my chambers and am preparing for next week.

I spent the remainder of my week mostly engaging in legal research for a writing assignment I have for one of Peter's cases in Trinidad and Tobago. Many of the cases I read are from the "Privy Council", which is a group of Lords from the House of Lords that constitute the last venue for an appeal regarding a public or administrative decision. Each Lord that reviews the case writes his or her decision. As I mentioned previously, they only cite a limited amount of case law and they also refer to various European treaties and statements on human rights. I also read several recent decisions which cited the Magna Carta! Yes, the centuries-old document still influences these high decision makers, which makes sense since it is such a moving document which has been studied and recited throughout time.

Peter said that because the Privy Council does not have a decision on behalf of the council (as each Lord issues their own opinion on the matter), there is no "consensus" decision that controls; however, Peter mentioned that the barristers know which decision is most controlling by its detail and persuasion. I am still trying to wrap my mind around this concept as some of the Lords' opinions on the same topic were completely incongruous and opposing. On the other hand, Peter also had some good arguments on whey courts, like the U.S. Supreme Court, should not have an official "opinion" on behalf of the entire bench, mostly because each judge probably has different perspectives on the issue, even if they all or mostly concurred with the overarching action taken by the Court.

As I mentioned earlier, I am mostly shadowing Peter, but he will be in Trinidad this upcoming week, so I will work with some other barristers. Tomorrow, I will finally observe an argument in the High Court, which is in the grand building that houses several of the courts called the "Royal Courts of Justice." This building is also situated in the "Temple" area of London, where the Inns of Courts and barristers are located. I will post more about the arguments after I observe them, but it is a defamation case (the barrister represents the claimant) against one of the many tabloid-style papers in England.

LUNCH AT THE INNER TEMPLE
Last Friday, Peter, some other barristers from my chambers, and I went to the Inner Temple to have lunch. From what I understand, all of the Inns of Court host lunches and even dinners for Inns of Court members and their guests EVERY DAY. All people entering the building must be dressed appropriately (suits, no jeans, etc.). The Inner Temple is an old, historic building within the confines of the Temple part of London (and next to the other Inns of Court and the historic Temple Church, made famous by the Da Vinci Code). At the early lunch hour of 12:30PM (yes, that is early by London standards), the line to get into the dining area was long. After we entered, I observed that the large dining room (complete with pictures of various Lords and barristers on the walls) contained several kiosks and areas to either serve yourself for cold food or allow someone to put food on your plate for the hot food section. I opted for the traditional Friday fish and chips. I noticed that none of the food even closely resembled cafeteria food--all of the food was delicious and quite posh. Later, I also found out that one of the BBC's cooking competition shows, Master Chef, previously tasked contestants with cooking a dinner for the neighboring Middle Temple Inn, which shows that this is no easy feat, yet they serve this delicious food every day!

After we got our plates, we sat down at one of the long, dining hall-style tables with other barristers to eat and talk. Peter introduced me to some barristers along the way. The barristers pay for their meals after they eat by filling out a form and checking off what they had---it is purely an honor system although the food can get pricey.

The barrister community in England is certainly unique; I really feel that I'm in another time and place when I step off the Tube at the Temple station every morning. I'm amazed with the so many facets of the barrister lifestyle, including the requirement that aspiring barristers join Inns for life, rent space from Inns, and have the opportunity to dine in their beautiful buildings every day with other barristers. These advocates really immerse themselves in their profession (which is a good thing), and it adds a great deal of respect, tradition, and provides a wonderful mentoring framework for life.

WIGS
Many of you have asked me about whether I will see a wig or whether the barristers still wear them. Indeed, they do still wear the wigs in several of the courts, and barristers must wear them when they are "called to the bar" in a ceremony. The wigs cost up to 700 pounds (well over $1000), and the sign of a good wig is one that is more yellow than white (it shows that you are not a newbie). Since I have not observed court proceedings yet, I have not seen one worn, but I did see a barrister on his way to court carrying a wig last week, which was an exciting moment. They look even better in person!

Again, please let me know if you have any questions or if there's anything you want me to explore for you!




- Posted using BlogPress from my iPad

Location:London, England

First few days and preliminary thoughts

I am almost officially finished with jet-lag and ready to make the most of this amazing experience!

I arrived in London on Saturday morning. My co-scholar and I took the same connecting flight from Chicago, so we arrived together. The Inner Temple Inn of Court coordinator helped arrange transportation for us directly to our very spacious, three-bedroom flat in the Hammersmith part of London. The coordinator, Eamonn O'Reilly also met us there when we arrived and took us out to an English breakfast. At breakfast, we discussed various topics from the general structure of the Inns of Court, to American and British politics and London's thriving nightlife.

Fighting the urge to sleep, John and I tried to "set up" for our stay that Saturday by buying a monthly pass on the Tube, doing some basic grocery shopping, and unpacking. My suitcase mostly comprised of suits, as I heard from previous scholars that dress is very formal in chambers.

On Sunday, John and I ventured to do a "run through" of our daily commute and took the Tube to the general vicinity for our chambers, which is the Temple part of London. It is near the Thames (nearly everything in central London is), and not too far from Westminster Abbey, the House of Lords/Parliament/Commons, the London Eye, and other popular sites. I also went for a run in gorgeous, early spring-like weather along the Thames.

TEMPLE AREA OF LONDON AND THE INNS OF COURT
I am still learning the details of the British Inns of Court, but at this point, my understanding is that most of the Inns of Court are located in the Temple area, which is essentially the legal district of London. The Inns of Court, in England, are beautiful institutions with gates, gardens, and history where barristers can congregate for meals, events, and where aspiring barristers (known as pupils) must begin their journey before being "called to the bar." Eamonn mentioned that they might look like buildings used as settings for the Harry Potter movies, and I agree. When I am in the Temple area, I really feel I am in a different time.

In England, while it is mandatory for future barristers and barristers to be aligned with an Inn, this is not the same for solicitors, although many solicitors do practice in the Temple area of London.

The first "chambers" to which I am assigned is 3 Hare Court. It "rents" its offices from the Inner Temple, and the Inner Temple also helps coordinate the Pegasus Scholarship program from the UK end. However, many of the barristers in this chamber are members of other Inns.

A couple of dozen barristers are members of this chamber; and the chmaber also has an administrator and a handful of law clerks. The law clerks are not lawyers nor is it necessary that they have any formal schooling. They schedule the appointments with barristers, work on billing and collecting fees, and help run the business side of the chambers. While the law clerks are not lawyers, they can have some influence regarding the dynamics of the chambers, since many potential clients call them first and they often choose which barrister obtains that client. Many of the "referrals" are from solicitors whose clients must obtain a barrister for actual court work.

Even though barristers work in "chambers", which seem like law firms, all barristers must be independent contractors. According to Peter Knox, the barrister with whom I am working, this is so that a Barrister can represent anyone at all; if they were in firms, they could be conflicted out if another Barrister in that firm represented the opposing party. And yes, oddly enough, because of this rule, a barrister can work with another barrister on one case within his/her chambers and oppose him/her in another case, and it is relatively common given that the barrister community is small.

MY WORK

Yesterday was my first day working for Peter. Peter has been "called to the bar" for nearly 30 years, and from my observations and from what other people have told me, he is a very distinguished barrister. He has the initials "QC" after his name, which stands for "Queen's Counsel." This means, he was selected by a selecting committee (which historically was Lord Chancery) as one of the more distinguished Barristers in the legal community. Peter is extremely modest about it, but this is prestigious considering it is so hard to become a Barrister in the first place. This title allows him to wear a silk robe in court, rather than a traditional robe and also allows him to charge higher fees.

Although Peter practices in a wide variety of areas--from commercial and criminal law to insurance and property law--he seems to have a niche in trials and appeals for Trinidad and Tobago cases. My first research project deals with one of his several cases stemming from Trinidad and Tobago involving the financial crisis. I am unable go into more details than that, but so far I have reviewed all the pleadings filed with the court on both sides and have spoken with my Peter extensively about the issues and the way to courts operate there and the appeals process from there to courts in England.

I noticed that the written pleadings to (and even from) the courts contain only a scintilla of case law. I asked Peter about it and he mentioned that courts actually discourage the use of case law and especially string citations for various reasons; namely, it can be distracting and they feel that it clouds the actual argument and facts.

One of the co-barristers on the case is the former AG of Trinidad and Tobago named Ramesh, who now practices law in his own practice. Peter, myself, a junior barrister named Rob and Ramesh had lunch at a posh pub today, complete with wine and a delicious dessert. I was fascinated by Ramesh's stories and background.

He openly told me about a story about when he was a young lawyer and openly spoke up to a judge about the judge's "injudicious" ways by not allowing his own clients to present their case before a ruling. Long story short, the judge ordered him to go to jail immediately, and he spent a total of 7 nights in jail before and after his trial on the matter. He filed two cases: one seeking to overturn the conviction on due process and other grounds, and the other that later sought damages. Both cases were reported in the UK Law Reporter, which I read after the intriguing lunch. Peter mentioned that the latter case was very important in future UK cases because it dealt with whether the government was responsible for the barrister's damages when the judge wrongly sentenced him to jail (an iteration of respondeat superior). Clearly, since he became AG of the territory years later and is still highly regarded in Trinidad and Tobago and the UK, this did not hold him back.

I learned more about the British legal system (along with their territories and the relationship of the legal systems between them) in my two days working for a chambers than I even imagined. Soon, I will be able to observe various court proceedings as well!

Believe it or not, I have even more information to report in future postings--ranging from how difficult it is to get a job as barrister to the relationship between barristers and solicitors to why barristers must wear wigs and robes, but I do not want to overwhelm you!

Again, please let me know if you have any questions about the British legal system or government you would like me to explore for you or discuss on my blog!
- Posted using BlogPress from my iPad

Location:London, England

First day!

I had my first official day in my chambers! Very interesting! I'm excited to tell you about it but also exhausted. More to come with details and pictures tomorrow... Thanks for tuning in!

General Info and Getting Ready

Welcome to my blog about my 2012 Pegasus Scholarship!

Last year, I applied for, and was selected as a Pegasus Scholar for 2012 by the American Inns of Court. I encourage you to find out more information about the American Inns of Court by browsing the material on their website. Generally, the American Inns of Court oversees and supports local Inns throughout the country. These Inns contain judges, lawyers, law professors and law students who meet approximately once per month to discuss professionalism, ethics, and to mentor. Each Inn is subdivided into "pupilage groups" which are smaller groups that typically have one judge, several senior attorneys, several junior attorneys, and several attorneys. These groups also gather outside of the more formal once-per-month Inn meetings, and each group is responsible for one of the monthly programs presented to the Inn.

The American Inns of Courts are loosely based on the mentoring structure within the UK legal system for Barristers. As I understand (and I will certainly learn more about this when I go to London), aspiring Barristers must shadow or apprentice with Barristers, have dinners with them, and work with them until the Barristers are satisfied about their knowledge about the profession. When they are satisfied, that apprentice is "called to the Bar" and admitted to practice as a Barristers. (Note: Barristers wear wigs and practice in front of judges; Solicitors are attorneys that do not practice before judges but work with Barristers when their client must go to court).

The American Inns of Court sponsors the Pegasus Scholarship which allows two young lawyers who have a few years of experience to go to the UK for approximately six weeks (and in exchange, two young Barristers from the UK travel to the US). During the six weeks, the US attorneys work with different Barristers and learn about their legal system and all of its nuances. This experience includes watching oral arguments, engaging in legal research, eating dinner with the Inner Temple Inn in London, and visiting Barristers in Edinburgh, Dublin, and Belfast, amongst many other priceless opportunities.

Since my second year of law school in 2003, I have been a member of the William E. Doyle Inn of Court. Joining my Inn has been one of the best and most satisfying decisions I ever made. Over the years, I established numerous mentoring, professional, and personal relationships with judges, lawyers, and law students. I can talk to people within my Inn openly about any questions I might have about a sensitive issue or discuss any trials or tribulations. I can always turn to someone for more mentorship or guidance and feel that others know they can turn to me about any questions they have about the legal profession, jobs, and handling situations tactfully.

One of the attorneys I initially met, who has served as my mentor and confidant, received the Pegasus Scholarship in the 1990s. He constantly spoke highly of the experience and indicated that it might have been one of the best, most educational experiences of his life. Having studied abroad in college, I understood that this was indeed a priceless, educational experience.

I always kept the Pegasus Scholarship at the forefront of my mind, but the time never seemed right between job obligations, professional obligations, and weddings. Luckily, in 2012 everything came together to allow me to immerse myself in this scholarship (and luckily, I was selected as one of two people to receive it!). My fellow scholar is John DeStefano, whom I have not yet met except via phone and email.

For our bios and announcements, please click here: http://www.innsofcourt.org/Content/Default.aspx?Id=6682.

For more information about the scholarship and a link to a PDF brochure, please click here: http://www.innsofcourt.org/Content/Default.aspx?Id=93.

One of the reasons why I started this blog, besides memorializing this unique opportunity for myself, is to allow others to experience this journey with me. As such, please email me with any questions or topics you would like me to explore about the UK (and Irish) legal system, the Inns of Court, mentoring, the UK government system, or any other questions you have. I will post them on the blog or write back to you directly. You can email me at beckybye(at)gmail.com or address them in your comments below.

I leave for London on February 17, 2012 and arrive back in the United States on April 1, 2012. I'm crossing my fingers for decent weather!