An unusual case in Italy rests on an allegation of double trouble: a woman who posed as her twin sister to argue cases as an advocate in court. Now both twins are due in court together, this time as defendants.

The story began when Gabriela Odisio, a lawyer and part-time judge from Magenta, realised she was double-booked as both an advocate and judge on the same day in different places. She allegedly invited her identical twin, Patrizia, to assume her identity as an advocate and present a case while she went of to act as a judge. This ruse would enable Gabriela, in effect, to draw fees for working in two places at once.

Gabriela and her twin Patrizia — who has a law degree but is not an advocate — are accused of sustaining this deception for three years in courts in Vigevano and Rho in northern Italy. The twins are being prosecuted for making false statements about qualifications and deceiving clients. The prosecution says the siblings’ scam was only exposed when one of Gabriela's clients overheard her and her sister discussing their plans.

When Patrizia appeared in court as Gabriela, wearing her robe, the impersonation was perfect. They are absolutely identical and are said to know everything about each other's lives so were allegedly able to fool everyone around them for years. The quality of Patrizia’s advocacy was evidently never questioned.

The Italian case arose from Gabriela Odisio being unable to occupy two different legal roles at the same time. There is precedent, though, for an English lawyer being in different legal roles at the same time in the same court.

In August 1989, Eric Bailey was prosecuted at Hendon magistrates’ court, London, for speeding and driving while disqualified after he was caught racing on a motorway at 102mph. At the hearing, however, the prosecution lawyer failed to arrive.

Mr Bailey really didn’t want his case postponed so his defence lawyer, Patrick Cusack, asked the court if he could be the advocate for both sides: present the prosecution case and then defend his client. The bench agreed.

In an imaginative display of legal versatility, Mr Cusack assumed the role of prosecutor against Mr Bailey, giving it his best shot; then he swung into defence mode giving a plea of mitigation to the offences for which his client pleaded guilty. Mr Bailey was fined £300 and ordered to do 200 hours community service.

Mr Cusack said he was pleased to have provided the dual services and wouldn’t be seeking a “double time” fee. He also said that even though there had been a conviction, he would not, as prosecutor, be asking himself as defence lawyer to cover his prosecution costs.

Mr Cusack’s double role stratagem was neat but do not mention it to anyone from the Ministry of Justice in case they hatch a cost-saving scheme by having just one lawyer in all cases.

Professor Gary Slapper is Director of the Centre for Law at the Open University

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