From the Otago Daily Times
The death of the leading criminal defence lawyer Greg King was a wake-up call over the pressures facing some defence lawyers, Prof Mark Henaghan said yesterday.
Prof Henaghan, who is dean of the University of Otago Law Faculty, was commenting yesterday at an outdoor memorial service on campus, attended by about 50 people, including several senior Dunedin lawyers.
At the early evening service honouring the memory of Mr King, an Otago law graduate, a kowhai tree was planted near the Water of Leith to mark the occasion.
The Society of University of Otago Law Students said it had organised the event to honour one of the most esteemed graduates of both the faculty and the university.
The coroner found in October that Mr King’s death in Wellington in November 2012 had been self-inflicted. And a note left by him described being “totally burnt out” after taking on so many criminal defence cases.
I read that Greg King took his own life after suffering what the coroner’s report called a “massive breakdown”, describing his own state in his suicide note as “exhausted, unwell, disillusioned, depressed and haunted”.
It really saddens me to think of one of our country’s brightest lawyers coming under such strain and pressure, and seeing no way out. Terribly sad.
My heart goes out to Greg King’s family.
The real ‘costs’ of litigation
Having myself been involved in pursuing a civil litigation in the past (for copyright infringement) I know it can be stressful (and expensive) for the parties involved … but I had not seen it as such for the lawyers.
With all due respect to lawyers (and no reflection on Greg King) there’s something about the way the system works, particularly in civil litigation, that sometimes sees legal professionals emerge as the only ‘winners’ in a dispute — their clients milked of whatever fees can be wrung out of them, the parties exhausted and disillusioned.
By a drip-drip-drip, lawyers bill their clients. Fair enough. Sometimes the process is necessary and even educational. I learnt the word ‘lacuna’ from one of my lawyers, when he was describing why the (relatively) quick-and-easy legal strategy we’d initially decided on might possibly not work … putting us on a more expensive path. Rats!
Clearly, there’s far less at stake in a civil dispute than there is in a murder case of the sort Greg King specialised in, or even, say, in a ‘white-collar crime’ case (e.g. fraud, embezzlement, criminal deceit, conspiracy, using a document to deceive, etc.) … those cases the Financial Markets Authority, the Serious Fraud Office, and the Commerce Commission have been pursuing with such élan lately in their ‘clean up’ efforts.
There must be enormous stress in a court prosecution, where the defendant doesn’t have the option available in most civil disputes: reaching a settlement agreement to shut things down.
But, as the plagiarists in our case learned, once legal proceedings are filed, a formerly private dispute can become a public affair. All kinds of material becomes ‘discoverable’ (an expensive, time-consuming business in itself), and things can get … messy.
I remember our lawyers explaining to us that once the parties are said to have ‘engaged’ in the court process, everyone’s options are reduced. My own observation was that things tended to get a momentum of their own and the heat (and the bills) went up.
Add into the mix any intransigence, aggression or bullying, as in our copyright case, and things can descend from bad to worse fairly quickly.
These are wise words among wise words … “As far as possible without surrender be on good terms with all persons.”
Desiderata
Go placidly amid the noise and haste, and remember what peace there may be in silence.
As far as possible without surrender be on good terms with all persons.
Speak your truth quietly and clearly; and listen to others, even the dull and ignorant; they too have their story.
Avoid loud and aggressive persons, they are vexations to the spirit.
If you compare yourself with others, you may become vain and bitter;
for always there will be greater and lesser persons than yourself.Enjoy your achievements as well as your plans.
Keep interested in your career, however humble; it is a real possession in the changing fortunes of time.
Exercise caution in your business affairs; for the world is full of trickery.
But let this not blind you to what virtue there is; many persons strive for high ideals;
and everywhere life is full of heroism.Be yourself.
Especially, do not feign affection.
Neither be critical about love; for in the face of all aridity and disenchantment it is as perennial as the grass.Take kindly the counsel of the years, gracefully surrendering the things of youth.
Nurture strength of spirit to shield you in sudden misfortune. But do not distress yourself with imaginings.
Many fears are born of fatigue and loneliness. Beyond a wholesome discipline, be gentle with yourself.You are a child of the universe, no less than the trees and the stars;
you have a right to be here.
And whether or not it is clear to you, no doubt the universe is unfolding as it should.Therefore be at peace with God, whatever you conceive Him to be,
and whatever your labors and aspirations, in the noisy confusion of life keep peace with your soul.
With all its sham, drudgery and broken dreams, it is still a beautiful world. Be careful. Strive to be happy.© Max Ehrmann 1927
– P
I’ve often noted to myself that the resolve of most clients to pursue something to the ends of the earth on a “point of principle” disappears once they receive their first invoice…
Yes, I’m sure you’re right Jay. Hot outrage sometimes dies quietly in a damp ditch of pragmatism.
Also some lawyers, I observe, exhibit a kind of soothing and optimistic bedside manner (Come into my parlour) minimising the risks of action … which can lead a naive (or self-deluded?) potential litigant into deeper water.
Not that you would ever do this, Jay, but some legal professionals have even been known to speculate on a Court’s willingness to routinely order a reimbursement of ‘costs’. Unsurprisingly, sometimes those orders turn out to be not quite the slam-dunk the litigant might have mistakenly imagined they might be…
– P
I’ve always preferred to err on the side of settlement. There’s generally something horribly wrong with one or the other party (or both, of course) if a case actually makes it to the defended hearing stage. Litigation risk and all…
And yes, Peter, I must say that I always point out to clients that despite a general presumption that “costs” flow the victor’s way, they are still at the discretion of the Court! I’ve had cases where I’ve had a crushing victory on the substantive point of law, but where my client made themselves appear so unloveable to the Judge that costs were left to lie where they fell… Judges occasionally get their revenge where they can…
I’d hesitate to haltingly make the statement that some lawyers may not be quite as ethical as my good self, but… well… cough… Was that someone asking just how many lawyers have managed to get themselves struck off thus far this year? 😉
“Was that someone asking just how many lawyers have managed to get themselves struck off thus far this year?”
Harumph! Yes. I’ve had cause recently (don’t ask) to review some of the decisions of the Auckland Standards Committee of the Law Society … and even found myself reading some summaries of cases referred, ‘on appeal’ as it were, to the Legal Complaints Review Office.
Suffice to say, it seems to me that legal professionals and their ethics, competence and impulse-control fall on a bell-shaped curve — like the rest of us.
– P
Meaning … the whole system is vindictive and corrupt …
Possibly ….
Maybe……
actually ….
Hi Jay, I was shocked — SHOCKED — to read news in today’s NZ Herald Lawyers on secret blacklist that …
Wha? Lawyers and advisers with ‘questionable characters’? Say it ain’t so!
*chuckle * Of course it is. – P
If you want a particularly good chuckle, track down a copy of the recent decision striking off infamous jack-of-all-trades litigator Evgeny Orlov. It may be over 50 pages, but it’s 50+ pages of comic gold…
I wouldn’t have thought Government agencies needed formal lists of dodgy lawyers – their character is generally well known within the industry and with those who have to deal with them! In the criminal law field, for instance, the Police are always well aware of the lawyers whose word they can and can’t trust… Try and pull a swift one on a prosecutor, and your name will be mud forevermore!
Wow, I’ve just read a summary. This:
Personally, I think it’s disgraceful when a lawyer makes false allegations or allegations “without sufficient foundation”.
– P
And thats just not on … productive members of society just wanting their fair slice of the pie …
Scandalous that people would object … as my mate Graeme would say … “you shall not muzzle the ox on the threshing floor…” (footnote … unless the ox happens to feel that its entitled to mortgage your mother in law and anything else not nailed down…)
[…] relates to my recent post about the stresses of litigation, and lawyer Jay’s sensible comment that he encourages settlement rather than litigation. […]
[…] to live up to my own standards. C’est la vie. See also Desiderata, which I cited here: Stress kills. Some more thoughts about litigation. Especially “As far as possible without surrender be on good terms with all persons.” […]
[…] thought ‘sometimes peace is better’ (at least in my thinking) is this key line from the Desiderata […]