Stupid is as stupid does

Or sometimes it’s just people who take too much notice of social media or believe that AI knows everything.

When I was at my first “proper” job in law, I spent seven years working for an entertainment law firm which sadly doesn’t exist any more – nothing to do with me, honest!

Due to the nature of the type of work we did, all the solicitors had a great sense of humour and were not the traditional, stuffy, west end firm.  There would often be music playing and it wasn’t uncommon to see a partner wandering around in a hawaian shirt and bemuda shorts.  Today that might seem less surprising, but in the late 1980s this was monumental!

I loved Christmas at the firm, because they really knew how to party!

There would often be competitions, with prizes, one of which was for the person who had received the most bizarre letter during the course of the year.  As I worked mostly in the litigation department, I received more than my fair share of strange correspondence, and won the prize on more than one occasion.

In order to win my prize, I had to read the letter out, and keep a straight face – fortunately I didn’t drink in those days (seriously I didn’t!)

I don’t get that many strange letters (or emails) these days, but I still get more than my fair share of strange questions, mostly from people who I suspect not only read the Daily Mail, but believe what’s in it.

Here are my favourites

At number 5, we have a golden oldie.  There are still people who believe that if you have lived with your partner for more than a certain amount of time (usually around 2 years) that means you are common law spouses and therefore have certain stattuory protection.  Wrong!  It doesn’t matter how long you’ve lived together, if you are not married, you have no more rights than if you lived with a friend or were still at home with your parents.

Closely following that at number 4 is people who believe that if they have a child with someone, without being married, they have certain financial rights and obligations.  You may be entitled to child support on the statutory basis but you are not entitled to any financial support from the other party, no matter how long you’v ebeen together, what you agreed/understood verbally and how rich they are.  I had a (very!) long conversation with a lovely young lady who had had a child with a man who owned his own property and his own business and came from a wealthy family.  She couldn’t udnerstnad why he didn’t have to pay her anything to stay at home to look after the child even though she’d assumed that he would.  Her biggest point seemed to be how much money he had compared to her.  I have little doubt that she went off and got a second (and a third!) opinion in the hope that she’d find someone who would agree with her.  I doubt she was successful, partly because I knew I was right, but partly also because she would have taken great delight in telling me.

Coming in at number 3, it’s the belief of employers that they have the right to dismiss their employees so long as they have a good reason.  It doesn’t matter how good your evidence is, or how justified you might feel, you must still go through a process.  Any dismissal of an employee with more than 2 years’ service without going through a proper process is unfair and a Tribunal will find against you.

Which is closely followed, at number 2, by employees belief that they are automatically entitled to a reference.  They are not.  An employer’s only obligation is that if they give a reference, it must be honest.   They can refuse if they want to.

Last, but by no means least, at the top of my tree is that if you win in court, you will get your costs back.  Firstly, cost are always at the Judge’s discretion and there are any number of reasons why a Judge might not award you any costs at all, even if you won.  Secondly, even if you are awarded costs, it’s extremely rare to be awarded the full extent of your expenditure.  If you recover 70% you’ve done well.  Finally, you’ll only get paid out if the other party are good for the money.  So, when your solicitor advises you to consider a sensible settlement, these are just some of the reasons why.

Kleyman & Co Solicitors.  The full service law firm.  Legal advice is for all year round, not just for fun at the Christmas party!