London Legalspeak: Counsel Edition

Hi everyone!  

So last post I mentioned that I was recently able to attend a trial. For 5 out of the 6 months of my litigation seat, I've been working on one single case, which culminated in this trial. While now in August I'll be hoping for a bit more variety, the great thing about it was that I got to be a part of the trial mechanics from the creation of witness statements to the trial itself. The hearing had one day for oral openings, a few days for cross-examination, and a final day for oral closing arguments. It was a chance to see some of the best barristers' chambers in London go head to head. 

When it was going well for us, I was like this:

But then if things got tense, I was more like this:

This edition of Legalspeak is dedicated to the strange and funny way that counsel (i.e. barristers) speak. They probably take it for granted, but I thought it would be helpful if I translated some of the more common phrases I came across during the trial.

'It is surprising that...'
'My friend may have forgotten that...'

Translation: 

'That is clearly a false story'
'Sir, that just can't be right'

Translation:

To a witness: 'You candidly accepted yesterday that...'

Translation: you totally screwed up yesterday

Similar: 'Would it surprise you to learn that you said the complete opposite in your witness statement?'

Translation:

And then: 'I suggest to you that you are now not giving a straightforward answer because it is not helpful to your case'

Translation:

'I'm afraid my friend is leading you into legal error'

Translation:

'Sir, that approach isn't so much incredible as it is unprincipled'

Translation: daymm

And my particular favourite: 'Could you please read through that passage as quickly as you can. Take your time'

Translation: I'm running out of time with this cross-examination but I want to appear calm and in control.


Some other less funny, but still interesting turns of phrase that I came across:

• 'You will see on the documents that...': i.e. I'm totally generalising here.

• 'This is the proposition I am going to seek to make good': i.e. I'll soon direct you to the evidence that supports my statement.

• 'I'm going to take you there' vs. 'I'm not going to take you there': i.e. some documents are so important that you, the judge, should read it yourself, but otherwise you get the gist.

• 'And just to take it slowly, for my benefit...': i.e. I want to emphasise this point to the judge but I want to make it look like it comes from you.

I found the trial a lot of fun, and it was easy to slip into being a spectator and forget that I actually had work to do! With our submissions in, I will be doing a little follow-up work but otherwise, it'll be interesting to see what the rest of my litigation seat will be like! Only one month to go until I rotate: how did August creep around so soon?!