Anike's Diary

Why you have no place to hide

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As I hurried down the corridor of the court house and into the court room in a flurry of swirling gown, viciously grabbing my wig and trying not to let my books slide off  so I could find a seat before the court is in session, I spot him pacing the corridor and making a phone call. His movement is restless, eyes pensive, voice panicked.

He is calling his boss. The court is about to sit. He tells his boss that the case is listed as number two. I know it must be contentious. He has already spotted the opponent.  His complains as I walk past him and into the court there I see an elderly man and immediately suspect he is the opponent.

He looks formidable as he checks and rechecks his file. There is a stack of gargantuan books before him. Four young lawyers occupy the next row to him. They look calm, even smug. I squeeze into a seat and arrange my books and my file.

Junior, as I name him, dashes into the court rooms and makes a beeline for one of the quartet. I heard him tell her to enquire if their principal could agree to an adjournment. An emphatic “No’ is the answer. A few minutes to nine and he dashes out again to make another call.

Nine o’ clock and the court is called. The judge appears. She is middle-aged and stern. I know she never suffers fools gladly and you must be prepared when appearing in her court. She reads her case files. Diligent, hardworking, brilliant. Lethal qualities in judge. You have no place to hide. No excuse.

Registrar calls the first case and Junior rushes in. His forehead is filmed with sweat despite the rotating fan and the cool atmosphere of the court. He squeezes in and sits. He glances surreptitiously at his phone, his hands shakes as he tries to open the file. The first matter is over in a matter of minutes. Both counsel and litigants absent. There was proof of service of hearing notices in court file. The court struck the matter out for lack of diligent prosecution. She is pissed at the lackadaisical attitude of the lawyers on the case. Everybody sits straighter. A few murmured that maybe the clients defaulted in payment. The second case is called. Junior’s shoulders slumps. Senior announces his appearance and those of his juniors. Junior announces his appearance. Sink or swim. I thought.

“My Lord, the matter is for hearing of all pending applications and subject to the court’s convenience, we are ready to proceed.” Senior booms.

The court asks Junior ‘Counsel, are you also ready to proceed?”

In a wavery voice, he objects “No, my Lord. I am just in the know about the case this morning. My-my principal says he is on the way but I am yet to contact him-”

“Counsel” The judge snaps. “I will not take that excuse. From my records you have been appearing with your senior in this matter. Thrice. You should be able to proceed. You should have a fair understanding of the facts of the case by now.”

Junior frantically looks for a way out. “My Lord, it’s his personal file.” He fibs.“He only sent the clerk to give it to me this morning with a word that he will be in court-.”

The judge turns to Senior. “Counsel, how do you react to this?”

Senior responds. “My Lord, I oppose to my learned friend’s application for adjournment. There is nothing complicated about this application. They filed a Notice of Preliminary Objection. And he was in court since the inception of the case. He knows the case. He should be able to proceed.”

I watched him, considering the irony of it.

“That’s why you have like four lawyers at your beck and call. One of your juniors should be here to argue it” I thought.

There was telepathy somewhere for the judge says. “I have decided that I will grant an adjournment. Let us give the learned counsel a benefit of the doubt. One more adjournment. And then that’s it.” She addresses Junior, who looks relieved. “I don’t take such excuses in my court. Once you appear you must be ready.”

The four lawyers nod in agreement. Junior stares at his file, embarrassed.

Then she turns to Senior. “And counsel, you must give these juniors a chance to grow. These are applications they should be able to argue, I know these four have also been appearing with you on the matter for a while. Let them face challenges or else they will never become competent litigators.”

Senior lawyer looks sheepish, replies feebly “My Lord we take the hint of the court. We will ensure compliance.”

I smile.

“Let me record each counsel before you agree on dates.” She concludes.

“As the court pleases.”

Both counsel sit. I watch Junior, the mix of relief and triumph on his face. I understood him. He is embarrassed, but at least he had received his own baptism of fire.” It will teach him to read his file, to always prepare and on the next adjourned date, he may have gathered the courage to argue the application.

At the other side, the four juniors did not dare look up as they scribbled furiously in their diaries.

Yeah. I understood that too.

First rule in court psychology is to be prepared. There may be no opportunity for a dress rehearsal.

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