The trials of Trial

I am quite fortunate that Clinical Negligence litigation is rarely taken to Court......a process that usually involves a huge amount of work, time and pressure, as well as anxiety for both you and your Client.

Tuesday saw the start of a two day trial in Middlesbrough at which I was representing my client (okay I was there to provide mutual support for my client, whilst the Barrister and our instructed expert really presented the case!)

The work on this file started 2 years ago, but the significant preparations for the trial started on Monday last week, with endless reviews of the evidence, the file and the papers to ensure that everything was ready, followed by repeated telephone calls to the client, the barrister, the expert and the insurers to ensure that everyone who needed to be there would be at Court at the right time (and at the right Court......it has happened before when you are sitting outside the Court waiting for someone to turn up to find that they are at another Court.....fortunately it wasn't me!). This in turn leads to endless sleepless nights, whilst your mind runs through all the evidence and options in your head (and I have to say the repeated questionning of whether it would all work!)

Days extend to 18 or 20 hours and even the weekend was given over to working. So Monday came round and it was agreed that I would travel up to.......wait for it.......Middlesbrough! (and who says that we don't get to see some exciting places!) The day didn't start well missing the bus, meant that I missed the train to Manchester, but after some panic and a lot of running around I managed to make it.....to find that the expert could find a medical model, so some more running round and a dash down to the medical department at Manchester University.......(Yay! I now have a model of a human eye! Doesn't everyone need that?) but everything back on track. An easy journey back home to head towards Middlesbrough at about 5.30pm. How could things go wrong?

Well:

1. Definite need for petrol sees a stop over at a petrol station, where the pump attendant points to my car and asks "what the liquid pouring out from under the engine was?"
2. Ahhhhh the radiator! Is there a serious leak? Can I fix it?
3. Limp out of the petrol station to a nearby carpark and open the bonnet! - The radiator hose clip has corroded through - re-attach the hose, pour 3 litres of fluid into it and limp down to a nearby car shop.
4. Spend the next 45 minutes under the car, getting covered in coolant trying to get a clip onto the radiator hose..........

So what was intended to be a relaxed evening, possibly visiting the gym and the pool at the hotel, maybe a meal and a few drinks before an early night in preparation for an early start on Tuesday......turned into an extended night, a rush to the hotel and a quick pint in the hotel bar before bed (to be honest it was never going to be a relaxing drink......it was one of those places where the bar goes silent as you enter.....hmmmm a quickie and then quick retreat to the room!)

Tuesday dawns......not too much sleep.....next door seems to have been at it all night, well certainly from the noise of head-boards! Lucky gits - not at all jealous!!! but off to Court. Found the court.....not too difficult, and ready to go. Actually the first day went really quite well, although you never really want to believe it cos this tends to go horrendously wrong the next day, but a meal with the Barrister, expert and client, put the mind at ease, and everyone thought that a good night's sleep was on the books.......(of course the nerves are still there and the fact that the lucky beggars next door were still there!) so still little sleep! 

Wednesday morning and all we had to do was to get through our expert's evidence and Counsels' closing arguments and finally the judgement......fortunately after what seems to have been the longest 10 days ever, it was over. 

I have to say that Solicitors are (or at least I am) extremely superstitious. After the Monday.....hey karma can't be that cruel to someone, and on opening the bedroom curtains on Tuesday I was greeted by two magpies and another 2 sets of 2 magpies on the way to Court! (hey how much more luck do you need? - And Tuesday really did seem to go well!) Not to be undone, this morning found another two magpies sitting outside my window, and being superstitious on went another white shirt, the same cufflinks, the same tie, even the same socks (although not the same pants!).

It must have worked because thankfully the Judge found for us, and we had won. This is not really something that you jump around and celebrate, with the other party still in court, but there is definitely a massive release of tension, and relief for your client. After 3 years working on the file it all ends with handshakes and thanks, and it's over.

Having watched Kavannagh QC (think that's how it's spelt) or Rumpole of the Bailey I have to say that like Ali McBeal going to court is nothing like how it's represented on telly, it is not quite as glamorous and there is a whole lot of sitting around waiting usually in dingy little rooms without natural light.