Internet Donkey of the Year

The Ghost of Tony Bliar hasn’t quite left the Labour party yet. Prize knob-end Andy ‘Angry‘ Burnham, the Secretary of State for the Department of Culture, Media and Sports has displayed, and combined, his unique talents for a headline grab, a reactionary authoritarian neo-Labour policy and an ill-informed poorly thought out & researched ‘policy on the hoof’ idea. Burnham is going to save the Internet by introducing new standards of decency. Mr Burnham is hoping for the Daily Mail headline:

“Andy Burnham saves our children from indecency on the Internet; removes rudeness from the World Wide Web. Daily Mail readers DEMAND this hero be made Prime Minister NOW! Join our campaign”

The real headline:

“Halfwit Andy Burnham falls into lake full of Chanel no 5: emerges smelling of pigshit; then trips and falls into bed of Chelsea prize winning roses: emerges also smelling of diseased skunk rectum.”

Burnham’s central thesis is that the Internet is a dark scary place deliberately designed to be out of government control (a red rag to any right-wing bull) and must be made a decent place for decent people. Andy: 1995 sent you an email, it would like its Internet moral panic back please. Clueless Andy’s wheeze is to label all websites with a film-style web rating (Geeklawyer would aim for ‘R’ as an absolute minimum); increase the ease with which websites can be knocked down with a cease & desist; improve the ability to sue for on-line libel (because if there is one thing we need more of it is prior restraint on speech); implement Chinese style filtering to ‘protect the children’. Throw in a bit of copyright protection bollocks, vague ‘public interest’ justification for limiting what people can and can’t say and you’ve pretty much got the panoramic scope of his ‘fresh thinking’.

All these would be responsibilities imposed on ISPs who really really want to have to act as the Government’s eyes and ears. If there isn’t much more detail than that its because he has thought about it much more than that. Nanny Neo-Labour will, of course, decide what is ‘decent‘ and whether you should be able to see it because you are just not equipped with the intelligence or moral fibre to do it yourself: you’ll just watch watch porn and youtube fart videos. This is not censorship of course, oh no - that would be a bad thing, rather it is ’striking a balance between your rights and the the right of society to stop harm’.

Geeklawyer once shook Angry Andy very firmly by the hand. This was not a social politeness: he was sufficiently drunk that his patented Death Grip missed Burnham’s throat by being about 18 inches too low. Fuck.

Geeklawyer Xmas 2008 podcast 15

Contrary to the opinion of some, Geeklawyer is not a Grinch the innocent so suffer. He merely desires death pain and suffering to those who have irritated him in 2008. To those remaining 5 of you on the Planet: “Merry Xmas!!!”

In this the first podcast since May, yes Geeklawyer is a little embarrassed about the gap thank you for reminding him & shut the fuck up, he briefly outlines his year so far, and through the fog of recession - the year to follow. He has done well, notwithstanding the economic Tsunami that has affected people who don’t matter much, non-punters, and also the people who do: his punters.

These latter have all fared well, or at least they don’t understand the white light coming towards them. So as long as Geeklawyer can pick their pockets before enlightenment hits them all is good.

Rights organisations of the year: The Open Rights Group (digital civil liberties) and no2id (anti the Database State).

It would be traditional to wish all readers a happy New Xmas and a joyful New Year. Oddly Geeklawyer will do just that, though only on the advice of his psychotherapist. Please enjoy the podcast.

Update: CharonQC’s podcast with me here.

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Latest data theft: the Bar Council - but *they* show the government how to protect data

The Bar Council has just notified Geeklawyer that a thief broke into their premises and nicked a laptop and four hard-drives full of embarrassing data: the partial financial records of barristers; their names and addresses; names of the Great and the Good of the Bar Council and the Bar Standards Board; the names of complainants against barristers.

Bad huh? Sounds like the Government loosing the traditional taxpayer/MI5/MI6 data on the taxi/train/Clapham Rickshaw. Well, no. The Data was all casually unusable since it was password protected.

Props to the Bar Council for engaging in safe data-intercourse. One wonders however, given the weakness of Microsoft password protection of documents, whether this was mere password protection of the data, or encryption? The latter would make it unusable but the prevalence of password cracking tools would make the former a less than ’state of the art’ form of protection, although clearly better than the Government level protection of rice paper umbrellas in a Monsoon.

One is only as good as one’s last defence

US Judge orders a retrial after disastrous defense by a lawyer who interviewed his client for only 5 minutes before a trial.

A young lawyer, called in April 2005, screwed up the defense so badly that the judge, of his own motion - a much rarer thing in the US than the UK, ordered a new trial. The young lawyer, a Mr Christopher of the Florida Bar - a Solicitor-Inadequate?, made such a hash of it that the Defendant’s constitutional right to a fair and impartial trial was fatally compromised. Judge William Fuente said that ‘defense attorney Byron T. Christopher “did not render effective assistance” and didn’t adequately prepare for trial‘. Juror Delores S. McCain, an alternate juror at Rolon’s trial, said : “Everyone on the jury agreed … We were saying, ‘I hope this guy wasn’t getting paid much. It was sad. I think the guy’s guilty, but he didn’t get a good defense.

Mr Christopher began work as an assistant for the Hillsborough state attorney in April 2005 but was no longer working for him by October 2005 for unknown reasons. Incompetence maybe?

Sadly, while we in the UK slave to be admitted and gain a practice, in the US the incompetent do seem to be able to wreak havoc more easily.

Ouch.

Random fire 16

A man who bought a wig and gown on eBay and then gave a grossly inept imitation of a barrister in court became the first person jailed for ‘pretending to be a barrister’. The judge said to him “You wanted to appear more important than you are.” Solicitor-Inadequates up and down the country have been inundating the Law Society phone lines to ask if they are safe.

Talking of inadequates the Home Secretary, who about as credible as a Downs Syndrome candidate at a Mensa membership test, is to curtail the use of anti-terror legislation by local councils to catch people not clearing up their dogs’ poop or putting rubbish out too early. It is still appropriate to use the powers to catch fly tippers ans suchlike it seems. The central complaint that excessive criminal laws are being justified by the phoney “War on Terror” remains. Neo-Labour admits that the limited restrictions on terror law abuse are only being done for reasons of spin: “He admitted the scale of council snooping was undermining public support for the anti-terrorism law.” One can’t have the sheep wising up, obviously.

Apparently Facebook can now be used, in Australia, to provide service. In principle Geeklawyer would say that in the UK this would also be acceptable under CPR rule 6.2 as a method of service:

(1) A document may be served by any of the following methods -

(e) by fax or or other means of electronic communication in accordance with the relevant practice direction.

Roughly, the party would need to agree to such a manner of service unless the court provided for alternative service. @moonwatch23 speculated whether twitter would acceptable in the same way; yes, probably:

“@solicitor @loser re Bastard v Loser: ur served herewith http://is.gd/uTYmb. LOL, ur totally pwned :P”

It’s Xmas so the traditional CPD panic is upon us

One of Geeklawyer’s pet peeves is the CPD. It is a measure of the regulating bodies trust in its profession that it isn’t prepared to believe that practitioners will keep themselves up to date with their skills by themselves. Any lawyer who wanders into court and quotes the 1837 Theft Act is probably going to get a memorable reception from everyone but his mother. Most of us don’t need it, simply as a matter of frigging self-preservation, never mind bloody professionalism.

But no, we have to be whipped, like donkeys through the gates of expensive course providers to get our 12 points a year. Geeklawyer notes, for example, that he’d have been relieved of £300 to go to the Bar Conference this year. Of course he’d have got seminars on “Multiculturalism” and “Transgender Issue Sensitivity Training”: so that’s 6 useful fucking hours well spent.

For £300 he’d have been able to get 10 blow-jobs from underage crack whores at Kings Cross; provided a genuine social benefit and instilling the spirit of free enterprise & capitalism into wayward youth.

Equally, it is, apparently, the case that writing crap like this in blog posts counts as writing on legal matters for the consumption of the profession and public: CPD hours. Whoo hoo what a valuable benefit for everyone. In past years Geeklawyer has just lied about his activities & invented stuff he never really did.

So, while Geeklawyer would not wish to break another mans rice bowl what the flying fuck is the point of CPD? Mostly crap courses that are expensive and irrelevant.

Is there a solution? Yes in the long term let’s bin the fucking rubbish.

In the short term, do what Geeklawyer did and use a cheap online CPD provider. Charon recently pointed Geeklawyer at CPD Channel. There you can buy the minimum number of hours for a smallish fess £40 for one hour, £80 for two and so on. Cheap. The courses themselves are relevant and interesting. Best of all you can do them at home: Geeklawyer did his while quaffing cider & mead: it’s much more difficult to do with courses run by the BPP at their offices (though perhaps he’ll give that a go one day).

Geeklawyer did courses on writing skeleton arguments which were very useful indeed. The website layout is a bit crude, to be honest, and could be better organised but that’s a minor niggle. CharonQC can get you a discount. Recommended.

The time is fast drawing nigh when the CPD hours must be done: the end of this month. If you have not done them yet then get cracking.

On a word of warning: the Bar Council are cracking down on CPD defaulters: there have been disciplinary cases (Geeklawyer has read them on the Inn notice boards) where people have actually been disbarred for God’s sake; even in minor cases they are suggesting fines of circa £500.

update:
John Bolch at family law is starting online CPDs

The Barristers - episode four - the final act

The End. In so many ways, the end.

This episode saw the downward spiral of the 24 caret plonker Ickbal from what seemed to be the unbreachable all time low of previous episodes. Never missing an opportunity to show that he was as dim as he was egotistical he offered numerous dishes to camera.

In a crowning articulation of the perils of upward social mobility Ickybal tells us that as a child he’d never dreamt of aspiring to the Bar imagining he’d exhaust his career in a West Midlands coal mine. Geeklawyer felt that even that lofty goal was a little above him, but at least being at the Bar he would not have been able to cave the roof in on his colleagues. Precious little consolation to those of us who might trip over his ego in the robing room.

On being given a wig to wear (”Wow, I’ve got a big head!” being a rare moment of self awareness) he improvised to camera:  “My Lords I propose this case as a lot of bollocks.” Somehow one felt the inevitable anxiety that this was the exact and full quality of advice and advocacy that his punters would receive in his short lived career at the Bar before he retired to become an unlicensed cabbie in Birmingham: “I had that Lord Neuberger in the back of my cab the other day”.

Probably the highlight of his career was winning £271.32 from the Orange phone company as a litigant in person. Retarded Ikcbal proved well the adage that a lawyer who represents himself has a fool for a client: £271.32 did, however, seem like suitable highpoint on which to end his career.

Bizarrely, though, there were even bigger fools than Ikcbal on display. And while Ikbal has the defence of a low IQ youthful exuberance and the demonstrated limited capacity to utter anything other than vacuous piffle David Wolf had no such excuse.

Mr David Wolf practically exuded “oil of ‘ism’” aftershave from his pores. Geeklawyer wondered how he ever got to chambers in the morning so deep must be his bowel loosening fear of treading on an innocent fly or looking at a woman in a sexist non-supportive way on the Tube. Mr Wolf spent most of the episode wringing his hands in tearful angst at the ghastly elitism of the Bar. Matrix Chambers, he proudly declaimed, was engaged in organising a revolt at the Bar by which the bastions of privilege would be overthrown by having different coloured areas of chambers to correspond with different areas of practice.

“See? Green headed chambers notepaper matches the green walled area of chambers; you know when you are in the ‘Right-On’ part of Matrix, where we fight for the underdog at a very reasonable £300/hour”.

Oh, and they don’t have pupils, they have ‘Trainees’ who don’t ask clerks for help, they ask ‘Practice Assistants’. Matrix Chambers can be found at Griffin Building, Gray’s Inn. When Geeklawyer says at, he means above. Matrix Chambers is suspended about 300 foot above the ground: levitated on a cloud of its own virtuous, but inclusive and mutually supportive, hot self righteous air. Rumour has it that this will be powering the next generation of Zeppelin Airships.

Our last sight of Howlin’ Wolf was his shocked tut-tuting at the pomp of a House of Lord’s decision that went against his punter and how jolly elitist and inaccessible it was to the man in the street. He was cut short by the camera before saying the hearing should really have been before the Shoreditch Workers Peoples’ Collective Court. Mr Wolf then departed to get a breakfast of organic muesli and soy milk.

It was not all bad however. The delicious Cat, who can sit on Geeklawyer’s lap any time, got a puppyledge at Keating Chambers in London; and the funny sounding Northern Lass got a pupillage and tenancy in Newcastle. Spiffy - she seemed fairly competent and Geeklawyer wishes her well.

But if the pupils, aspirants and tenants seemed like a bunch of cunts then Kakoly Pande saved the day for the Bar. She exuded pure 24 carat charisma. Clever pretty modest and talented she exhibited the sort of self-confidence talent and class that made one doubt that she would ever fail at the Bar; fail and wind up becoming a Solicitor-Inadequate at the minor Midland solicitors Frisbees or somesuch career graveyard. Faced with objections from junior tenants as to her prospective tenancy she gave what seems to have been a bravura performance and won them over. Their objection was less to do with her than the shortage of work at the Bar: a common theme throughout the series, and rightly so.

Again, the larger and more important policy driven skirmishes between the Government and the Bar were not explored. This is not a criticism: a program such as this would not perform too well by exploring these issues.

Overall the fourth episode maintained the weaknesses of the previous episodes in that it didn’t step beyond the photogenic. Nonetheless it made for good television: it was engaging and interesting if not as good a reflection of the reality of the Bar as it could have been. One wonders if the public are any the wiser; Geeklawyer wouldn’t know, he tries to avoid them wherever possible.

CharonQC & Scott H ‘Simple Justice’ Greenfield podcast

CharonQC’s podcasts are invariably very good. Today he released one with Scott H. Greenfield the famed New York criminal defence attorney who writes the Simple Justice blog.

Lord, what a good podcast it was, Scott acquitted himself very well indeed expanding eloquently on topics such as the value of Twitter and Blogging to lawyers and explaining the fire that drives him to seek justice for his punters. Geeklawyer even got a mention or two.

Scott came across as one of the best interviewees CharonQC has ever had. Apart from Geeklawyer of course.

Scott unfollowed Geeklawyer on Twitter recently. On the strength of this interview Geeklawyer has downgraded the hit on Scott from ‘Kill‘ to merely ‘Put in a wheelchair for the rest of his life‘. Geeklawyer is a decent sort of chap.

Doud, we drive on the right side of the road in the UK

Or rather dude we drive on the left side of the road. Go to jail, Mr Doud of Chigaco. Or Gaol as we call it.

Any American readers about to cross the pond should take Geeklawyer’s highly regarded online cultural awareness & sensitivity training course: please email for the embarassingly high costs; or would you rather go to jail?

Geeklawyer Revenge Award 2008. Low-life punter won’t pay bill? Classiest response *EVAR*!

Hat tip to @infobunny.

Punters. Yea, we (whack job Dan Hull excepted) hate them all; with scant exception they are whiny sniveling wretches: an honourable dispensation is granted for those that take Geeklawyer drinking and whoring, of course - they are the very finest of fellows and Geeklawyer overcharges them only modestly.

But the Daily Torygraph retells a Legal Business magazine story of what is, short of an execution style slaying, hands down the classiest response ever to the non-payment of a bill. Suing? Nah:

A City firm reacted to a client’s failure to pay its fees by taking a large group of junior lawyers to a bar owned by the client. Having drunk the bar dry, they left without paying the bill.

Geeklawyer rarely doffs his wig to any man on the matter of proffering cold dishes but this unknown firm (someone please say who) gets the much coveted Geeklawyer Revenge Award 2008.

Geeklawyer would have done it better. He’d have hired the bar for the weekend (& had his regulatory law partners arrange an extended bar license) invited all the firm, including non-fee earners secretaries the janitors their family & friends, to drink what they pleased in what quantity they desired.

The bill? Oh, he’d have sent it back with “Charge to our ‘SetOff’ credit card please”.