Legal fictions

With my background as a lawyer, I always enjoy legal dramas and thrillers. While I’m carried along by the story, there is a part of me that often laughs at the unrealistic portrayal of what it’s really like working in the law. The fictitious lawyers often seem to prepare for a trial in a matter of days and the dramatic hearings are over in the time it takes for counsels to do their summing up. Oh sure, there is often a montage sequence of our dedicated legal hero/heroine at the law books late at night — beautifully-lit shots of them with a furrowed brow surrounded by books and occasionally leaning back to stretch and rub their temples to convey deep thought and hard work. But have you noticed how their files tend to be only a few pages thick?

In reality, lawyers files are stuffed full of papers and go on for volumes. Cases take months, if not years, to come to trial. And the trial itself could last for months or years. While I’ve never been a litigation lawyer, a property project I worked on started while I was practising as a senior lawyer, continued during the five-year break that I took to write my two novels and concluded only a few years after I returned to the firm — in the meantime the trainee who had worked with me qualified as a solicitor, took on the running of the project, had two children and became a partner!

And of course, I never come across any dead bodies, men with guns or murderous conspiracies!

One “lawyer in peril” series that we’re currently addicted to is Damages. The plot is impossible to summarise but suffice it to say that it is full of tension, blood, guilt and cliffhangers. The main reason that we are completely mesmerised is Glenn Close. She plays the senior partner of the firm and is a cross between Cruella DeVille and her younger bunny-boiling persona in Jagged Edge. She is at her most scary when she is being apparently pleasant and kind …

But the best thing about her character is her wardrobe of amazing power suits and crisply cut shirts. They exude power and confidence and stylishness. Even in the most tense and dramatic moment, I am often distracted, shouting out, “Look what she’s wearing! I would love to have that suit!”

In reality, of course, in my days as a lawyer, I often had difficulty maintaining the smart appearance that I started the day off in. The downward spiral would begin with the jacket coming off and going on the back of the chair. Then I would turn up my sleeves. My shirt would get creased. Sometimes, I would get covered in dust if I had to look through ancient property deeds. I’ve even managed to spill coffee all over myself and my desk during a long and difficult time phone negotiation — what a klutz!

In my current job, I’m no longer practising as a solicitor and there is a fairly relaxed dress code so I am often in jeans if we don’t have a business meeting. I feel less severe and more able to be chirpy, cheerful — and more myself — in casual wear. It doesn’t impact on how well I do my work — it just means that the boundary between my work and personal life is less sharply defined.

All of which makes me wonder: if I actually got myself togged up in Glenn Close’s intimidating, power suits, would my personality change? Would I become sinister, manipulative and murderous? And would I suddenly come into the office one morning and find a dead body?

Do I dare put this theory to the test…?

Photo: from Damages official website, with thanks

6 Responses to “Legal fictions”

  1. Clipper of the Seas Says:

    At last something said that is that little bit closer to my heart ….

    Term counsel refers to a barrister or practising barristers collectively,
    ‘counsels’ never used… [In England and Wales, there are the barristers, generally more learned
    in the law from whose ranks higher members of the judiciary are exclusively
    drawn AND there are the solicitors].

    Where there is a wrong- actionable per se- there is a remedy, such remedy to
    be sought by way of an action commenced in a court of law for damages, sometimes as a matter
    of tactics, it doesn’t pay to start a case too soon OR have a started action brought too soon to a
    close so long as, of course, the relevant limitation period for starting an
    action has not expired.

    Counsel including Queen’s Counsel have been known to cycle to the courts to
    do the pleadings and they are not particularly the worse for wear after the ride; some
    very senior judges regularly used to cycle including a Law Lord -in old money- from
    his salubrious home in north London to the House of Lords in central London SW1,
    a distance of some 8.5 miles, I conservatively estimate, another from Fulham
    in west London to the Royal Courts of Justice at the Strand, a distance again one
    way of some 9.5-11 miles in my estimation.

    Now, why would Shakespeare have said ….. let’s kill
    all the lawyers!

  2. H and H Says:

    Oh, go on, I dare you - obviously you’d have to warn everyone what day you were going to wear THE SUIT, so we’d all know to take cover!

  3. Life for Beginners Says:

    I guess that is why dramas are always more glamourous than reality… :P

  4. Yang-May Ooi Says:

    H and H - ha ha, yes, maybe worth a try. But it would be no fun if everyone was hiding. I’d have to become Jack Nicholson in The Shining, chasing people down with a machete - but beautifully dressed!

    Kenny - certainly more glamourous than MY reality…

    Clipper of the Seas - Shakespeare needn’t worry. In the world of Damages, the lawyers seem quite happy killing each other!

  5. Clipper of the Seas Says:

    The Supreme Court has superseded the House of Lords and its members are
    the justices which term was used in reference to judges of the High Court
    which together with the Court of Appeal were known as the Supreme Court of
    Judicature established under the Judicature Acts of 1873 if I correctly
    remember.

    Why borrow yet another thing from the Americans re Supreme Court as highest
    court, apartment
    blocks in US have boldly proclaimed for all to see “Protected by Restrictive
    Covenants”
    much like the cases in Britain but you’d only find such references in the small print and
    nowhere else.

  6. Clipper of the Seas Says:

    I believe the full title of a solicitor qualified in England and Wales has long been
    Solicitor of the Supreme Court, such Supreme Court as set up by the Judicature
    Acts of 1871-73? that I spoke of OR is it now to be that of the NEW Supreme Court, that august forum that has replaced
    the House of Lords Judicial Committee.Lawyers pay close attention to detail and this is one such
    instance that I hope they would not overlook.

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