I was once
at a dinner at which I sat next to a former world snooker champion. He told me
a story about a conversation, many years ago, between another leading player
and an umpire which went something like this –
‘What would
do say if called you a bent b******?’
‘I’d
disqualify you immediately’.
‘What would
you do if I thought you were a bent b******?’
‘I can’t
stop what you think’
‘Well I think
you’re a bent b******’
Which brings
me nicely to two recent stories concerning how lawyers speak to each other.
Firstly
there was the reprimand handed out to Richard Gregory Barca for calling an
opponent ‘a complete plonker’.
To many
this was a light-hearted reference to a favourite word used by Del Boy Trotter. The
Solicitors’ Disciplinary Tribunal found that this ‘tipped over into
unacceptable conduct’. To be honest this sort of language is completely alien in the context
of most litigation that I have ever handled. Whilst you want to advocate
robustly for your client it should never become a personal confrontation
between the lawyers. Some of my best friends in the profession have been regular
opponents. This is because you spend so much time dealing with each other that
you develop a mutual respect – not in a Stockholm Syndrome sort of way! You
just learn that being respectful can lead to an effective outcome for your
clients.
The second
story shows that being offensive does not need to involve the use of insulting
words.
This is the
unfortunate LinkedIn message sent by solicitor Alexander Carter-Silk to
barrister Charlotte Proudman. He began by saying – ‘I appreciate this
is probably horrendously politically incorrect but that is a stunning picture.’
He then went on to say - ‘You definitely win the prize for the best Linked in
(sic) picture I have ever seen.’
Now if you read any message which begins with a reference to
political correctness you have a fairly good idea of what is coming next. Every
time I read those words I want to curl up under my desk in embarrassment at the
thought of an experienced member of my profession coming out with something
like that. I am tempted to use the P word. But in fact it is more serious than
that.
I can remember a time when it was almost unheard of to have a
woman partner in a law firm. I can remember newly called women barristers of my
age who struggled to get work because of their sex. Some even struggled to find
a loo that they could use. In 2016, Liverpool Law society will have the 5th
woman President in its 189 year history, although Alison Lobb will be the 4th
in the last 10 years. So things are changing. Most of the bright young lawyers
in my own firm are women.
So we are making progress. But there is still some way to go.
In 2014, Lady Hale, the most senior woman judge in UK history, called for greater gender
equality across our legal system –
We are moving steadily forwards. There are encouraging signs
of progress. Then we hit a moment like this when an experienced solicitor drags
us back a few decades. On what planet in 2016 is a professional woman measured by
her photograph?– on a platform designed to enable us all to showcase professional
skills and experience. It is like hitting the wrong square when you think you’re
about to win a game of snakes and ladders.
This is nothing to do with being politically correct.
It is about professional people treating each other with respect
and dignity.
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