Now for something lighter...
December 2007
As the festive season approaches and the words ‘diet’ and ‘moderation’ are relegated to 2008, we have trawled through events in the Legal world both here and across the pond to offer some inspiration for your New Year resolutions.
It was obviously too much for one Florida Judge who was reprimanded for sentencing a man to death whilst in a skeleton costume for Halloween. He insisted on the Court coming dressed as Vampires, Witches and Mummies and even criticised one juror for her lack of effort by saying in his summing up ‘‘Just wearing a pair of round spectacles doesn’t make you Harry Potter”.
This year, a High Court Judge’s attempts at humour failed spectacularly in a divorce case where an Arab Sheikh was involved. In a series of badly received gaffes, the Judge said that the Sheikh could “depart on his flying carpet” to avoid paying costs and called his evidence “gelatinous … a bit like Turkish Delight”. The Court of Appeal in ruling that the Judge stand aside from the case said that “regrettably, these were not bad jokes – they were thoroughly bad jokes”
The importance of this advice is exemplified by the actions of a US Judge in Virginia. Judge Schull was removed from the bench for, amongst other reasons, tossing a coin to determine which parent would have custody of a child over Christmas. He said he was trying to encourage the parents to decide the issue themselves, but later acknowledged that he was wrong.
Follow the lead of the German lawyer who acted for an elderly pensioner from St Augustin, near Bonn. The pensioner was sent a tax demand for €287 million, even though the woman’s income was only €17,000. The lawyer fixed the problem with one standard letter to the authorities, but as German law entitles him to calculate his fee based on the amount of the reduction he obtained, his fee came to €440,234 (£308,000). It will be met by the state. (There is no evidence that he pushed his luck by writing a thank-you letter.)
A lesson can be learned from a New York Judge who was removed from the bench after jailing 46 people after none of them would admit to having a mobile phone that began ringing during his court session. He ranted, 'Every single person is going to jail in this courtroom unless I get that instrument now. If anybody believes I'm kidding, ask some of the folks that have been here for a while. You are all going.'
At this point he broke down and confessed and relinquished the gift. However, his mother still called the police, and had her son arrested. The Police took the 12 year old into custody and booked him for petty larceny.
The moral of this particular story: - In an incriminating situation never say anything without legal representation!!
On that note we would wish you all a very Merry Christmas and a Happy New Year.
Keeping up appearances
Whilst it is important to feel comfortable in your attire, think twice about any inappropriate ideas for dressing down at work. This may require some effort.It was obviously too much for one Florida Judge who was reprimanded for sentencing a man to death whilst in a skeleton costume for Halloween. He insisted on the Court coming dressed as Vampires, Witches and Mummies and even criticised one juror for her lack of effort by saying in his summing up ‘‘Just wearing a pair of round spectacles doesn’t make you Harry Potter”.
It’s all in the delivery
It’s a tradition in itself to hear bad jokes at Christmas. Come the New Year it will be a bit old, so make sure your attempts to lighten the atmosphere are appropriately pitched and carried out in the presence of a forgiving audience.This year, a High Court Judge’s attempts at humour failed spectacularly in a divorce case where an Arab Sheikh was involved. In a series of badly received gaffes, the Judge said that the Sheikh could “depart on his flying carpet” to avoid paying costs and called his evidence “gelatinous … a bit like Turkish Delight”. The Court of Appeal in ruling that the Judge stand aside from the case said that “regrettably, these were not bad jokes – they were thoroughly bad jokes”
Decisions decisions
Christmas is a time of decision overload; what presents to buy, what to wear to the office party, whether having yet another chocolate despite feeling full would just be plain greedy. The year ahead will also be decision filled, and while quick decisions aren’t always a bad thing, consider what is at stake before taking any short cuts.The importance of this advice is exemplified by the actions of a US Judge in Virginia. Judge Schull was removed from the bench for, amongst other reasons, tossing a coin to determine which parent would have custody of a child over Christmas. He said he was trying to encourage the parents to decide the issue themselves, but later acknowledged that he was wrong.
All in a day’s work
It pays to work smarter not harder. Think about ways you could save time.Follow the lead of the German lawyer who acted for an elderly pensioner from St Augustin, near Bonn. The pensioner was sent a tax demand for €287 million, even though the woman’s income was only €17,000. The lawyer fixed the problem with one standard letter to the authorities, but as German law entitles him to calculate his fee based on the amount of the reduction he obtained, his fee came to €440,234 (£308,000). It will be met by the state. (There is no evidence that he pushed his luck by writing a thank-you letter.)
Don’t look back in anger
Christmas should be an enjoyable time of year, but occasionally tempers can get frayed. In 2008, try to think before speaking and do attempt to keep things in perspective.A lesson can be learned from a New York Judge who was removed from the bench after jailing 46 people after none of them would admit to having a mobile phone that began ringing during his court session. He ranted, 'Every single person is going to jail in this courtroom unless I get that instrument now. If anybody believes I'm kidding, ask some of the folks that have been here for a while. You are all going.'
And finally … a tip to get through Christmas and into the New Year … keep hold of that Christmas Spirit
It’s not only Santa that has a naughty list as a 12 year old boy from South Carolina found out when he opened one of his presents early and stashed it in his room. When he was confronted about the missing gift he denied all knowledge until his mother threatened to call the police.At this point he broke down and confessed and relinquished the gift. However, his mother still called the police, and had her son arrested. The Police took the 12 year old into custody and booked him for petty larceny.
The moral of this particular story: - In an incriminating situation never say anything without legal representation!!
On that note we would wish you all a very Merry Christmas and a Happy New Year.
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