Monday 22 September 2008

me and money

Barristers cannot (in general, though for the pendants - yes it is changing and you can sue in some circumstances) sue for their fees. An agreement between a barrister and solicitor is called an honorium (or something similiar - like professional conduct issues - I studied it once and promptly forgot it). This is because the legal profession is a profession populated by gentlemen, it is honestly, I mean who has ever had a bad word to say about a solicitor?)

In theory this means that as solicitors are honest people they promise to pay us the fees that they have taken from their clients on our behalf. In practice, some (a few of these loveable rogues being immigration solicitors) see this as an opportunity to collect what is in effect a bonus from the client.
Barristers therefore have to rely on reporting the solicitors to the Bar Council (a fearsome body - but who it strikes fear into is somewhat unclear, and will remain so for the time being). They then blacklist (if the money is not forthcoming) the solicitor, which as you can imagine strikes the fear of the divine into them prompting immediate payment with interest or not.
One "legal rep" I use the term loosely as he is probably not qualified in any professional sense, owes me substantial sums of money. Quite by chance I saw him today in Court, a brass neck he surely possesses as he seemed quite happy to see me (perhaps he thought I could do some more pro bono (for free) work). He seemed less than happy when I asked him why he had not paid me and had he deceived anyone else. He seemed unhappy, and his clients (standing behind him) seemed less than impressed, at which point he asked whether I was, as a lawyer, aware of the law in respect of defamation. When I stopped laughing, I reminded him for him to succeed in establishing that I have defamed him, he would need to establish that my actions "would make a right minded person think less of him" (close to the test if not the test).
Though I confess to a sneaking admiration for his boldness. After running up a massive bill to a variety of barristers, he arranged a conference with chambers to sort out a payment structure. The conference was to be held on a Friday at 3pm.
He, unsurprisingly, did not appear, his office was called and his whereabouts equired after...
"Where is Mr X?"
"Oh, he is in India"
"Why?"
"He is getting married".
I suppose he used the money for the reception

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