re-offend,â she said.
âAnd it probably costs more to keep a prisoner for a year than it does to train a pupil barrister,â said TheCreep.
âYes, and all they learn is how to lie, thieve and generally live off the backs of honest, upstanding members of society,â said OldSmoothie.
âAs well as the little tricks which will keep them out of trouble on some ridiculous technicality or other,â said UpTights.
âAnd thatâs before you add the shady network of contacts they get to tap into,â said OldSmoothie.
âYouâre so right,â said TheCreep. âI mean, how on earth can they be expected to come out as normal, well-balanced individuals with that kind of legacy?â
âCanât be much better for those in prison,â said TheBusker with a wry smile.
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Thursday 8 November 2007
Year 2 (week 6): Skeleton argument
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I had told TheBusker about my frustrating time with TheCreep the other day and he suggested that I follow him to court tomorrow when his opponent will be none other than the little upstart himself. My occasional trips with TheBusker not only provide a great distraction from my other worries but they also teach me more about courtroom tactics than anything I ever learnt from my pupilmasters. Then again, TheBoss and UpTights were something of a rum bunch. The case tomorrow is an appeal and skeleton arguments have been ordered to be written. TheCreepâs is hardly either a skeleton or an argument, extending as it does to some fifty-three and a half pages. The Busker only highlighted the absurdity of such a creation for a relatively small personal injury case with the following skeleton in reply: âThe appeal is misconceived since it has failed to refer to the binding authority of Davies v. Howard.â
I look forward to the fight.
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Friday 9 November 2007
Year 2 (week 6): Chuckled out of court
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TheBusker had already wound up TheCreep with his skeleton argument and by the time we arrived at court TheCreep was almost jumping up and down with frustration as he tried desperately to find out what TheBusker was going to say. Unfortunately for him the only response he could elicit was a low-pitched chuckle. Once in court, the chuckle continued. Not in a snide way but merely in response to the constant jibes being thrown forth by his opponent.
By way of example, TheCreep said, âYour Honour, my learned friend has singularly failed to set out any coherent argument against each of my points and has even failed to do so when I have asked him this morning . . .â
And then when everybody looked at TheBusker for a response his shoulders started rising and falling and he just carried on chuckling to himself like he was privy to some hilarious private joke.
In the end, TheCreep cracked and started to look more and more paranoid about TheBuskerâs show of confidence. Then TheBusker made the killer blow by handing him a note saying, âThis Judge appeared in the case I referred to in my skeleton.â
When TheCreep read the note his face dropped and he immediately asked for a short adjournment. Once out of court he said to TheBusker, âWhy on earth didnât you tell me that beforehand?â
âItâs in the report for all to see,â replied TheBusker, still chuckling.
Sure enough when TheCreep studied TheBuskerâs copy he found that the judge had indeed appeared and in fact successfully argued against exactly the legal point that TheCreep was now trying to make. To put him out of his misery, TheBusker made an offer that if TheCreep withdrew his appeal he wouldnât seek his costs thus far. By this point, TheCreep was in a blind panic fearing that he had in fact been negligent in not spotting the significance of the judgeâs identity for himself and accepted almost on the spot, before TheBusker reminded him that perhaps it might be wise to take instructions first.
It was only on