Wednesday 14 March 2007

Professionally embarassed

Now there is an oxymoron for a lawyer if ever there was one.

Today was the first time that I withdrew from a case because of professional difficulties.

I was representing an appellant on an appeal against conviction at the Crown Court. The case is a rehearing by a judge and two magistrates. I received the papers this morning, not unusual.

The prosecution (respondent) served some unused material which gave rise to the serious possibility that I would have to cross examine the police witnesses that they were deliberately lying rather than mistaken. Of the two police officers I had known one for some time, though not socially.

Given the risks of complaints were the appeal unsuccessful, possibly on the basis that I had not gone in hard enough in cross examination, I decided that it would be better to withdraw. Unfortunately that meant that the case had to be adjourned.

Which saved the personal embarassment, to myself and the police officer, of calling him a liar.

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