From the classics to the recently-released, David Pickup shares his annual reading round up
We are looking forward to a well-earned break from the office routines, and the chance to put one's feet up, as the office is closed for a few days and clients have other things to think about than their cases. Festive bail applications, contact disputes over whether Boxing Day is as good as Christmas Day, and wills they want written before they fly off on a winter break can wait - so why not catch up on some seasonal reading?
I will start with a classic: A Christmas Carol, one of the more readable books by Charles Dickens, first published in London by Chapman & Hall in 1843. It is best known now through many film, stage and television adaptations but the story has plenty for the lawyer. The book was the subject of a copyright dispute and the plot contains elements of partnership disputes, repossessions mortgages, employees’ rights to salary reviews and holiday pay, as well as a possible harassment case caused by errant spirits!
My next choice is the Sherlock Holmes’ story called the The Adventure of the Blue Carbuncle, one of 56 short stories written by Sir Arthur Conan Doyle, first published in The Strand Magazine in January 1892. It is the story of a priceless jewel stolen from a hotel and how it ended up in a Christmas goose. There is a good message about diversion from prosecution.
There are not many Christmas legal stories but a good collection is Rumpole at Christmas, published in 2009. John Mortimer’s creation of the old style junior barrister is a delight as he acts for his faithful criminal family of clients and attends awful seasonal parties.
Turning to more recent works, Her Honour Wendy Joseph KC's Rough Justice, written last year, is highly recommended. Until 2022 Joseph was a judge at the Old Bailey who mainly dealt with the most serious cases. She was only the third woman to hold a permanent position at the Central Criminal Court. The book consists of four fictional accounts of criminal cases which illustrate the issues criminal courts must deal with. How does the law deal with people involved in crime; not only the accused but also victims, witnesses, experts, advocates and judges. The four tales are excellently written in a style which is both light, engaging and informative. They include a child disposing of body parts, a woman accused of killing her husband and gun crime.
This year has been the 200th anniversary of both the first passenger steam railway and the Law Society. I will not say which is more important, but I enjoy reading old books and anything about the history of our profession. Harry Kirk’s Portrait of a Profession published in 1976 stands out as a good general guide. You can find books which are histories of individual firms and volumes of memories. Anything by Reginald Hine is recommended as are many books on local law societies. Our Legal Community is an impressive history of Birmingham Law Society and was published in 2018. These books remind us of the challenges our ancestors had and the changes in technology, training and attitudes to diversity. We probably need a new history of solicitors.
If you cannot face the thought of opening the office in January perhaps retirement is for you. Partner Retirement in Law Firms: Strategies for Partners, Law firms and Other Professional Services by Ronnie Fox (£95, Globe Law and Business) looks at retirement from the firm’s perspective, the individual concerned, accounting and tax consideration, financial aspects and what’s next after retirement. Each chapter is written by knowledgeable writers, and is edited by an expert in this area. We all need to keep plans under review and have an 'exit strategy'. Retirement is described in the book as the 'longest holiday of your life' which seems a bit daunting to me. There is also Exit Strategies Toolkit by Tracey Calvert and Helen Carr (£60, Law Society) is a similar sign of the times. As it says in foreword, 'continual erosion of legal aid and an ageing population' amongst other reasons means solicitors’ firms are closing or merging.
Looking to the future, AI and the Legal Profession. Transforming the Future of Law (£149, Globe Law and Business) is a good guide to AI. Picture the scene: you have been in court all day and get back to the office at 5pm. Your emails have been read and sorted, the rubbish has been deleted, the important ones dealt with. The lease you need to look at has been read and there is a concise note of the important points. A letter has been sent to your client highlighting the issues and asking for their comments. That bundle of documents for tomorrow’s case have been read and analysed. The client should settle the case. Your filing cabinet has been sorted and bills sent out - some even paid. There is also a confidential note on the productivity of the colleagues you supervise and this tells you one has put in extra hours and another less. Are you dreaming? No, this is what AI offers.
AI has its horror stories. In August 2019 Roberto Mata was a passenger on an Avianca flight 670 from El Salvador to New York and a trolley allegedly injured his knee. Mata duly sued Avianca and the airline responded by asking that the case be dismissed because 'the statute of limitations had expired'. Mata’s lawyers produced a list of over half a dozen previous court cases that set precedents supporting their argument. When the cases were read it was discovered they were all made up by a computer.
I will finish with a book I have read recently called On the Law of Speaking Freely by Adam Tomkins (£25, Bloomsbury) - a brilliant history with something new to learn.
The books on christmas tree accident liability, AI christmas puddings, how to defrost the cat and feed the turkey are yet to be written, so until then: season’s greetings and happy reading!
David Pickup is a partner at Pickup & Scott Solicitors, Aylesbury
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