He who fights and runs…

No client is worth your life and your good name,let me tell you. For whether you lose your life or your reputation, all that a client is interested in is his case. And his casefile. We have seen not one, not two but my examples of clients coming in to collect their case files a week or two after their lawyer’s demise. For them and sadly in reality, a lawyer dies but the case still continues inasmuch as parties are still interested in pursuing the matter.

Aside from the court, in other aspect, the life of a lawyer is like a battle field. In the court, if you sense you are being cornered by a very sharp opponent who seeks to pounce on your weakness, you can fight your way for an adjournment because your opponent will not allow it on a platter of gold. He will fight it. At others, if the court is not so inclined, you argue your way out. If you can.

Out of the court room, it’s no different.

A client was on ground to brief us that there were trespassers building on his land. He sought for a court injunction to restrain and stop further acts of trespass on the said land. He wanted the injunction gotten speedily because the subject matter (res) was at a risk.

We set to work and commenced filing an application seeking for an interim injunction along with the substantive claims, an affidavit of urgency to show cause why the defendant wanted the case heard speedily and a Motion for accelerated hearing disclosing same grounds.

While we worked on that, my principal told a counsel that there was need to conduct an investigation on the site and take some pictures which would form part of our documentary evidence of the act committed.

The client was very anxious and wanted the construction stopped as soon as possible. We got one or two links but the people behind the act were basically unknown trespassers.

Two lawyers were there on a quiet afternoon to take picture of the property. As they did, one kept watch. But the client wanted them to take further pictures of the property. They felt that they had taken enough and as they made to leave, the client wanted them to go around the site but one of the lawyers had sighted someone coming towards the land. In a short while another followed. Two hefty men advancing on a run. The client took to flight first, shouting as he ran to his car. “Lawyers, wait and talk to them. Tell them I have taken them to court.”

But the counsel had beaten a hasty path to their car and took off amidst a rain of stones aimed at them.

The client came later, complaining that the trespass continued and that we were doing nothing. Upset, he began to cause a scene as we tried to placate him.

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After filing the brief, it was time to serve all the originating processes on trespassers now defendants. The idea of including the unknown is for them to get wind from the ones we could identify and be in the court to present their defence. The bailiff took up the job and having learned from the previous experience of the lawyers, he was cautious.

The day scheduled to serve was on a week day. The next day the bailiff called to report. He could not serve. He was at the site when the full construction was ongoing. Seeing the situation on ground could be fatal if he revealed his identity and purpose, he withdrew immediately.

He reported to us and said “You will have to file a motion for substituted service. I could not serve them physically. It is dangerous. Besides your client was nowhere to be found to serve as my pointer. I had to ask around to fully find my way here.  You couldn’t have known from the address that it will be that difficult.”

Why? First it was hard to identify the defendants. Men numbering about six sat within the property while the job continued. Secondly, hefty looking men, with bloodshot eyes surrounded the men and“patrolled” the site. They smelled violence and looked like thugs. Fearing for his safety, he retreated.

So we immediately prepared a motion for substituted service. The client calledinto enquire if the defendants had been served. We tried to explain our reasons and what we intended doing. He was furious. We should serve them. We should do our job. He was causing another scene.

So a counsel quietly told him “The bailiff was there to serve. And he met a dangerous situation. He could not have put his own life to a risk in order to do a job. Besides when we were at the site to take pictures, you were the first to flee. We are trying our best, but we also apply caution and common sense. Being a lawyer does not mean rashly putting oneself into a deadly risk while doing his job.”

He went quiet.

A lawyer thinks about his client. A client always thinks about himself.