Satisfying Self-Represented Litigants and Assisting Visiting Counsel with Local Knowledge – Neither Usually Ends Well!

In 2022 Justice Rene Le Miere, in his valedictory speech – on retirement from the Supreme Court of Western Australia – made following salutary observations about the matters the subject of the above heading:

Lawyers often get bad press, but in my years as a judge I have found most lawyers to be conscientious, dedicated to advancing the interests of their clients, and to cooperate in resolving cases efficiently and expeditiously. I have … tried to treat litigants in person with fairness and consideration, but not all of them have appreciated the judgments I have delivered, and one of my associates handed to me today a reminder of a letter that I received by one litigant in person after having received in advance a copy of the reasons for judgment.  It reads:

Dear, Mr Le Miere.  I am disgusted with your judgment. I won’t be showing up, otherwise I might spew up on you, as you deserve. I don’t throw my pearls before swine. When your grovelling about in the pits of hell, along with your other evil, violent, Satanic bastard political and government male friends I hope you remember me.

In … recent years counsel from other states frequently appear in this court.  Local counsel usually make counsel from out of state welcome, but sometimes a little local knowledge can come in handy.  Before I recount this story, I remind you, as has been noted already, that I am a Liverpool fan and, as some of you may know, there is nothing Liverpool fans dislike more than Manchester United.

On this day Mr Bennett (of counsel) appeared for the plaintiff and the defendant was represented by a barrister from Sydney who had the same name as a former famous Manchester United player. I will call him for today Mr Robson. I’m not sure what Mr Bennett said to Mr Robson before we began but taking appearances went like this.

Mr Bennett: Good morning, your Honour. I appear for the plaintiff.

Judge: Thank you Mr Bennett.

Robson: Good morning your Honour.  I appear for the defendant. My name is Robson, like the Manchester United player.

Judge: Mr Robson, Manchester United are not welcome in this court.

Mr Robson looked across the Bar table to Mr Bennett, who had a self-satisfied grin on his face.

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