Thank you to all the subscribers to my podcast for their encouragement.
The podcast is available at this link
https://www.buzzsprout.com/666235
100th Episode of Law Podcast
Thank you to all the subscribers to my podcast for their encouragement.
Gossiping-The Do's And Don'ts
Dear John,
I admit that I am a good communicator, but to label me a gossip is both hurtful and defamatory. I am a caring person and if I do pass on information it is for the good of the community, even if it turns out to be wrong. Alternatively, it is entertaining tittle tattle. Surely the law is not taking away the basic right of a chat between acquaintances, however distant?
(name and address withheld)
Dear Enquirer,
The victims of gossip, understandably, often turn out to have no sense of humour about it at all.
If you have gone too far, a quick apology, given and accepted, is the best course of action for all parties. The alternative is to wait and see if the victim will sue you for defamation which can be a successful strategy, depending on the seriousness of your defamatory statements. Lawyers and probably spouses can help even stubborn people to assess the stupidity of their statements.
You could claim “qualified privilege” in that you acted reasonably, not recklessly in making the defamatory statements even if they turned out to be wrong. A court will consider if it was your duty to make the statement e.g. a member of your staff had a terrible secret, or it was in the public interest e.g. your mother-in-law is an axe murderer. The person you tell must also have a need to know. For instance, your mother-in-law’s next door neighbour probably does not need to know about your employee’s secret but may find it useful to know about your mother-in-law.
You must act sensibly and check your source. If it is someone who is unreliable or is as big a gossip as you, then it may be best not to pass it on, especially if it will have serious consequences e.g. your mother-in-law’s arrest, detention and trial, even if she is eventually acquitted. Consider instead, confronting the accused person as people often get the wrong end of the stick.
If all else fails, there may be a few gossips on the jury who would empathize with you and quickly decide that you are blameless. But I would not count on it.
J.F.
*Letter reproduced with the kind permission of estate of John Fytit, legal agony aunt.
Extract from "The Art of War, Peace & Palaver: The Contentious Guide to Legal Disputes"
This article is also available as a Podcast. If you would prefer to listen to this and other legal content please go to the "Law" Podcast :
Click here if you need to speak to a lawyer dealing with Litigation
Click here for more legal books and eBooks by Paul Brennan
The Best Criminal Defence Ever
Imagine that you are a criminal. You have just stolen a TV and you are carrying it down the street. A policeman catches you red-handed. Being a criminal, you say nothing. At your trial you say that you were walking along the road when a man said to you, ”Do you want to make some cash?". Being out of work, you agreed. The man told you to pick up a TV and follow him. You were following him with the TV when the policeman stopped you.
In criminal trials, the prosecution must prove the case beyond reasonable doubt so that the jury is sure. Juries often give the defendant the benefit of the doubt especially where the Jump Up defence is used.
So why doesn’t everyone plead clever defences like the Jump Up?
Well, defence lawyers are not able to assist their clients (even a little bit) in concocting untrue defences and although defendants often learn basic defence strategy in prison, some display a marked lack of creativity. After all, they can’t all have brilliant criminal minds; if they were that smart at school they would now be bank managers.
What lawyers will not do, is represent you in a not guilty plea to the court if they know that you are guilty. I have had to work with some lousy, implausible defences over the years, but some have turned out to be true—so you never know. The only way for your lawyer to be sure that you are guilty, is for you to tell him.
© Paul Brennan 2006-2018. All rights Reserved.
Extract from "The Art of War, Peace & Palaver: The Contentious Guide to Legal Disputes"
I was there
I gave a speech at the Hong Kong Rugby Union Annual Dinner. It was a black-tie affair.
As I started, I could see that of the six hundred strong audience,
some were milling around at the back, but in the middle behind a long table
spanning horizontally across the hall was what I could only describe as a phalanx of rugby players. Jackets off, sitting
facing me in shirt sleeves, arms folded, wearing their napkins on their
foreheads and tucked behind their ears in the style of Egyptian pharaohs.
My opening lines failed to raise a laugh, as did
anything else I had to say. After several minutes, dinner rolls started
to wing their way over the napkinned heads of the phalanx and thud against the
canvas backdrop behind me. Thankfully the barrage was from a section of the
audience who were either very kind or couldn’t throw straight. Unscathed, I
pressed on.
Later in the speech, a member of the audience
bearing a sort of manic grin marched military-style up to the stage with the
apparent intention of helping me off. He had been drinking. He paused,
looked around, then turned and walked back to his seat. He may have taken pity
upon me. Another explanation is that I was once a judo instructor and
this was mentioned by the person who introduced me. I continued without him.
When something like this happens, it is best to put it behind you. The following Monday, the speech was reported in the South China Morning Post.
A couple of months later, I gave a speech at the Lighthouse Club. It was another black-tie dinner. Then I attended the next Lighthouse Club Dinner to hear celebrated barrister Kevin Egan speak. He was facing criminal charges of assisting disgraced government lawyer Warwick Reid to flee to the Philippines while on bail by giving him a passport and a gun. I had visited Warrick Reid, who was being held in ICAC custody.
During the introduction of Kevin Egan, the introducer thanked me for my funny (sic) speech, which had been well received, or at least no one had thrown anything. I went up to the microphone and said, “if you knew this audience, you would have kept that gun”. I still regret saying this. I had been drinking. Fortunately, Kevin Egan took it in good heart and was later acquitted.
Years
later, I joined other speakers at the National Speakers of Australia Conference
to present on challenging speaking experiences. My story prompted one of the
other speakers, Rodney Marks to tell of a similar occurrence. Out of a hostile audience, a
drunk had mounted the stage, as they grappled and fell to the floor, he continued with his speech.
The audience thought it was part of his act.
© Paul Brennan 2021. All rights Reserved.
Debriefing the Law with Joel Ostler
Joel Oster is a lawyer from Kansas, USA. You can listen via his website , Apple Podcasts , or Spotfiy.
The book 101 Reasons to Kill all the Lawyers is now available as free audio book for a limited time
101 Reasons to Kill all the Lawyers now available as free audio book for a limited time .
Click to listen on GooglePlayBooks.
Review by Law Institute Journal (Victoria)
There are few better at the art of skewering the pretensions and
idiosyncrasies of legal practice than Queensland lawyer Paul Brennan, author of
the Law & Disorder website which, for years, has been dispensing useful
legal advice heavily disguised as comedy. As well as tips on topics such as “The
10 greatest legal mistakes in business . . . and how to avoid them”, the site
is host to caustic and comic legal cartoons, an eZine and more.
Those readers familiar with the comic Queenslander’s books, including The Law is an Ass . . . Make Sure It Doesn’t Bite Yours, can now add to their collection with the latest Brennan book 101 Reasons to Kill all the Lawyers.
The book grew out of Paul’s blog of the same name. He said he
decided on 101 reasons as he didn’t want to depress the entire legal profession
by having 1001.
But there’s nothing depressing about 101 Reasons, with its advice about the
things lawyers should know about but might not, such as the secret of enjoying
committee meetings, how to field complaints, career planning and dealing
successfully with their own legal problems. It is also about things Paul says
lawyers are not expected to know about but probably should such as change,
innovation, emotions, relationships and sex”.
Law Institute
Journal (Victoria)
September 2013 87 (9) LIJ, p.86
The Legal Briefs Boutique
 |
| - the ultimate accessory for success in the law |
Impress your clients and colleagues with your commitment to the law, right down to your smalls, with captions such as:
“Cautious lawyer" - “Please rely on your own judgement and advice”,
“Property lawyer” - “quiet enjoyment”
“Sexy property lawyer (limited edition) ” - “quiet enjoyment please”
“Legal Receptionist” – “Please hold”
Book Review : I’ll have the law on you: The selected letters of John Fytit
I’ll have
the law on you: The selected letters of John Fytit
By Paul Brennan
Queensland lawyer Paul Brennan has done his bit to show that lawyers have a well-developed sense of humour. His character John Fytit began appearing in Mr Brennan’s legal cartoons in 1992. Fytit developed, moving from a bitter sole practitioner to become the confident advice-giver in a fictional legal Agony Aunt column which appeared in the blog 101 reasons to kill all the lawyers(“I didn’t want to depress the entire legal profession by having 1001”). Paul Brennan has now decided that it is time to kill off his hero, and John Fytit has passed on at the age of 51. His selected letters deliver advice on a diverse range of matters including failure to recognise a client, being put out to grass, the do’s and don’ts of gossiping, smart phones and the law, and challenging a will.
Queensland lawyer Paul Brennan has done his bit to show that lawyers have a well-developed sense of humour. His character John Fytit began appearing in Mr Brennan’s legal cartoons in 1992. Fytit developed, moving from a bitter sole practitioner to become the confident advice-giver in a fictional legal Agony Aunt column which appeared in the blog 101 reasons to kill all the lawyers(“I didn’t want to depress the entire legal profession by having 1001”). Paul Brennan has now decided that it is time to kill off his hero, and John Fytit has passed on at the age of 51. His selected letters deliver advice on a diverse range of matters including failure to recognise a client, being put out to grass, the do’s and don’ts of gossiping, smart phones and the law, and challenging a will.
 |
| Sponsored by Brennans solicitors |
Have you ever had a car park dispute?
Extract : the Art of War, Peace & Palaver - the Contentious Guide to Legal Disputes
 |
| sponsored by Brennans solicitors |
Eternity's a terrible thought. I mean, where's it all going
to end? - Tom Stoppard
Book signing at Queensland Law Society Symposium. The
sponsors "ESS the search people" will be giving away copies of my
book 101 Reasons to Kill All the Lawyers which is “the perfect gift for the
busy lawyer. Funny, but not that funny that they need to read it”. I will
be on hand at the ESS stand to sign copies of the book.
Queensland Law Society Symposium
Brisbane Convention and Exhibition Centre
15-16 March 2019
Book Signing - Queensland Law Society Symposium sponsored by ESS the Search People
The sponsors ESS the Search People will be giving away copies of 101 Reasons to Kill All the Lawyers which is the perfect gift for the busy lawyer. Funny, but not that funny that they need to read it.
Paul Brennan will be on hand at the ESS stand to sign copies of the book.
Details:
Friday, 15th March 2019
Queensland Law Society Symposium
Brisbane Convention and Exhibition Centre
Queensland Law Society Symposium
Brisbane Convention and Exhibition Centre
New Book : The Art of War, Peace & Palaver - The Contentious Guide to Legal Disputes
- TO BE LAUNCHED IN OCTOBER 2018
"Beneath the light hearted veneer lurks some very sensible and practical advice on the dos and dont's of disputes”
Cherie Blair - CBE QC
Cherie Blair - CBE QC
Chair, Omnia Strategy LLP
“Paul makes the wisdom of Sun Tzu relatable to litigants of all types. Regardless of whether you are in a fight with your neighbour, business partner, landlord, or someone who defamed you, this book contains valuable (and easy to apply) lessons on the Art of War. And many of them are lessons you should be aware of before you make that first call to your litigator!”
W. Brad Hanna, B.E.S, LLB., FCIArb.
Partner, Co-Chair of Dispute Resolution, Franchising & Distribution and International Arbitration Groups
McMillan, Toronto.
When the Godfather said “Keep your friends close, but your enemies even closer” he was quoting Sun Tzu, a Chinese Warlord who wrote the Art of War 2,500 years ago.
Increasingly, disputes go legal. There are more lawyers around than ever before. People are increasingly aware of their rights, have more money and are less willing to let things go.
While not encouraging you to back away from the legal disputes that you can win, this book will give you the foresight to avoid or minimise disputes in the first place which is often the most effective but least popular option.
Increasingly, disputes go legal. There are more lawyers around than ever before. People are increasingly aware of their rights, have more money and are less willing to let things go.
While not encouraging you to back away from the legal disputes that you can win, this book will give you the foresight to avoid or minimise disputes in the first place which is often the most effective but least popular option.
Sun Tzu : “Supreme excellence consists in breaking the enemy’s resistance without fighting. Next, attacking in the field. The worst strategy is to besiege, as prolonged warfare is expensive”.
This book not only covers court actions, but fights with government departments, multi-nationals, club committees, your spouse, neighbours and all sorts of other people and organisations that wind you up.
Sun Tzu : “Know the enemy and yourself, you need not fear the result of a hundred battles. Know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle”.
If a Chinese Warlord could temper decisive and sometimes highly aggressive action with planning and caution, so can you pause to consider the consequences of your actions and plan accordingly. It is so often the difference between victory and defeat.
This book combines the qualities of a useful book on litigation with wry humour and the odd belly laugh. Whether you are a corporate warrior, small business owner or professional advisor, it will keep you amused while providing you with insights and the understanding to manage risk.
This book not only covers court actions, but fights with government departments, multi-nationals, club committees, your spouse, neighbours and all sorts of other people and organisations that wind you up.
Sun Tzu : “Know the enemy and yourself, you need not fear the result of a hundred battles. Know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle”.
If a Chinese Warlord could temper decisive and sometimes highly aggressive action with planning and caution, so can you pause to consider the consequences of your actions and plan accordingly. It is so often the difference between victory and defeat.
This book combines the qualities of a useful book on litigation with wry humour and the odd belly laugh. Whether you are a corporate warrior, small business owner or professional advisor, it will keep you amused while providing you with insights and the understanding to manage risk.
|
| Sponsored by Brennans solicitors |
Law & Disorder Cartoon Caption Competition 2018
First Prize:
101 Reasons to Kill all the Lawyers - That Part which Laws or Lawyers can Cause or Cure
Second Prize:
I'll Have the Law on You: The Selected Letters of John Fytit
Please submit your own cartoon or a caption for this legal cartoon by email to info@lawanddisorder.com.au on or before 30 April 2018. The winners shall be announced in the May edition of the Law & Disorder Ezine
which shall be binding on all entrants. Only subscribers to the Law & Disorder eZine can enter however subscription is free and immediate at
Click here to see last year’s winners.
About Law & Disorder Competitions and Quizzes
In 2006, our first competition was a John Fytit look a like competition. There were a number of senior lawyers put forward by their staff but the winners were never identified or in most cases informed.
 |
| Sponsored by Brennans Solicitors |
Books about law and lawyers
Are you looking for something special for the legal person in your life?
Then look no further than these two books on law and lawyers:
Then look no further than these two books on law and lawyers:
FAQ
Q. Will it give me an insight into my lawyer husband?
A. No, nothing that you have not suspected over the years.
Q. Do you do exchanges?
A. No, you married him.
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| Sponsored by Brennans solicitors |
The Art of War : Highly effective advice from Ancient China for clients
It has an
immediate strategic advantage when compared with any law book in that it is
only thirteen chapters (6,000 words) long, available for immediate download and free.
It was written at a time when an ill-advised
attack on a neighbouring state could lead
to disaster and death. This may not be
the case in a dispute between neighbours today, but if you have ever been involved in a dispute with your own neighbour you will know that it can
certainly feel that way. The advice is aggressive as winning is all important
but also cautious maybe because one of the casualties of a wrong move was often
the general himself.
Some of Sun Tzu’s advice such as obtaining information by bribing your
enemy’s officials, seeking out concubines greedy for gold in your enemy’s camp
or the chapter on the use of fire in battle has less application in legal practice today. However, the
book contains plenty of other advice for
legal practitioners and clients alike.
There is
practical advice such as the “Object of War is Peace” especially useful for a
client demanding immediate reprisals against a brainless neighbour.
There is esoteric and perplexing advice to ponder before taking any action
at all, such as:
- Know the enemy and yourself and you will
win, know yourself and not the enemy and you will win some and lose some.
Know not yourself or the enemy and you will lose.
- The side that is the most loyal, has the ablest general, chooses the best time and
place, is the stronger and more disciplined, will prevail in war.
Then there is much advice on the twists and turns of litigation, such as:
- Be first in the field so that you are fresh as an
enemy who rushes to the fight arrives exhausted.
- Combat is expensive,
and the longer it goes on, the more
expensive it will become. Prolonged combat will deplete your resources and
weaken you.
- There are roads not to follow, towns that should not be besieged, armies that should not be attacked and positions that should not be challenged.
- Only seek battle after the victory has been won.
my personal favourite being - if outnumbered flee.
The King of Wu could not have been an easy client, and yet Sun Zhu was
uncompromising in maintaining that it was essential for victory that the sovereign
should not interfere. A general will look for flexibility and opportunity and a
sovereign’s commands may constrain this approach. It is far easier to tell a
client that Sun Tzu cautions against
interfering rather than suggesting that it is your idea.
Sun
Tzu advises generals to gain no reputation for wisdom or courage as if you plan
secretly, act with stealth and win without fighting your victories should not
be known. Noting the number of award nights that there are for lawyers these
days this may be difficult advice for all but the most disciplined and humble
litigation lawyer to take on board.
You will start to
find the advice of Sun Tzu to be useful in many areas of your life. Having said
that even a small homily from Sun Tzu within marriage is dangerous ground.
(c) Paul Brennan 2017. All rights reserved.
(c) Paul Brennan 2017. All rights reserved.
Winners of the 2017 Legal Cartoon Competition
First Prize:
Eric Elrington, Beenleigh Legal, Beenleigh "I accept I need you and the QC Mr Williams, but TWO junior counsel? How much will this all cost?"
Second Prize:
Guy Gibbons,Bennett Carroll solicitors, Brisbane “You boys with the feathers will have to wait until the professionals at the back have picked me clean” :
Third Prize:
Tony Cordato, Cordato Partners, Sydney “When legal eagles meet jailbirds, there’s much to squawk about!”:
Honorable mentions :
“I’m not paying for 4 lawyers!”
Mitchell Byrne, Noosa
" None of you look like Clarence Sparrow!"
John Mawson, Brisbane
“I’m not paying for 4 lawyers!”
Mitchell Byrne, Noosa
" None of you look like Clarence Sparrow!"
John Mawson, Brisbane
"I guess the joke's on me"Sally Elizabeth Jenkins, Roma
Thank you to all those who took part.
About Law & Disorder Competitions and Quizzes
In 2006, our first competition was a John Fytit look a like competition. There were a number of senior lawyers put forward by their staff but the winners were never identified or in most cases informed. Then there was the more successful Three Minute Legal Quiz.
In 2006, our first competition was a John Fytit look a like competition. There were a number of senior lawyers put forward by their staff but the winners were never identified or in most cases informed. Then there was the more successful Three Minute Legal Quiz.
Only subscribers to the Law & Disorder eZine can enter. However, subscription is free and immediate athttp://www.lawanddisorder.com.au/ezine.html.
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