YOU’RE FIRED: A LITIGATOR ON THE APPRENTICE 4: DOUGHNUTS AND THE LAW: OUR LAWYERS HIDING IN THE HOLE IN THE MIDDLE

This week the teams were making and selling doughnuts.   Our lawyers were on the losing team but both survive in the series for a further week.  This is not surprising, there is a long history of lawyers, law and doughnuts.

WHERE CAN YOU GO WRONG WITH DOUGHNUTS?

The teams had to sell, and then make, “high end doughtuts”.  The teams “over-promised” and “under-delivered”, in some cases food that was inedible.

DOUGHNUTS AND THE LAW

Doughnuts have featured in several cases. Most curiously in Brogden & Anor v Investec Bank Plc [2014] EWHC 2785 (Comm) where Mr Justice Leggatt observed (and I’m not making this up)

“Discretion and its limits

  1. As the late Professor Ronald Dworkin observed, discretion, like the hole in a doughnut, does not exist except as an area left open by a surrounding belt of restriction.[3] It is therefore a relative concept. Like all terms, its meaning is sensitive to context. In legal argument the term ‘discretion’ is used in several different senses.”

BACK IN THE USA…

In the USA doughnuts, or “donuts” are a regular feature of litigation.

DOUGHNUTS AND OUR LAWYERS

Our law student managed to break his arm.  However both managed to keep a low profile, despite being on the losing side, slipping down the hole in the middle of the doughnut I guess. Neither lawyer or law student ended up in the final three in the boardroom.  We saw little sign, however, of the “laying down the law” in the boardroom – this has been promised, but has yet to come. I expect a rapid entry if this is ever, in fact, tried.

THE REASON THEY LOST

Basically the losing team “Collaborative” made things doughnuts that looked bad nobody wanted to eat.  There was precious little collaboration. “Strife” would have been a more accurate name.

LESSONS TO BE LEARNT

  • If you must eat doughnuts. Attorney  &”Amateur Life Coach” has a helpful flowchart “Should I eat this donut?”
  • Don’t promise to make a doughnut that can’t, in fact, be made.
  • Don’t give up law in the belief that there is a market for “upmarket” doughnuts.
  • Keep things simple: “B-shaped” doughnuts should not be promised.
  • Keep things simple: jammy dodgers should not be placed on the top of doughnuts.
  • Presentation, presentation, presentation.

NEXT WEEK

I predicted last week that lawyers would have no difficulty navigating a task that involved doughnuts. Next week the candidates are selling goods at a “body building expo” –  there may not be much call for doughnuts.  It will be interesting to see how our lawyers do…