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Unsolicited: Letters to the editor

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Cite as: May 2015 89 (5) LIJ, p.08

Recalling the Decalogue

I sent a brief to a barrister recently knowing there was not really much substance in the proposed application, but my instincts were nudging me on.

From the depths of my memory I had been recalling the words – “Make a hopeless application sometimes.”

The barrister rang me and, not surprisingly, told me that there was not much substance in the proposed application. I pleaded with the barrister in response – “Well, you have to make a hopeless application sometimes.”

These words were from a document called the “Decalogue”, reproduced here, which I had come across many years ago, and which I thought I had retained a copy of. By a somewhat remarkable coincidence I stumbled across the document shortly following my brief to the barrister, copied in my handwriting from whatever the source was. It might have been from a memorable non-fiction book I read when I was at the University of Melbourne with a title something like Secrets of a Solicitor authored by a London solicitor.

I don’t know whether I would have actually stepped over the line and briefed the barrister in the matter had I not been encouraged by number 3 in the Decalogue.

In fact at the first hearing of the application we found out a lot that assisted us and we are now much more confident of the outcome of this hopeless application.

Gauld & Co Solicitors


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