Indefensible?

If you can tear yourselves away for a moment from the grim headlines in the newspapers of tumbling stock markets and idiots rioting in the streets, you will know that I believe one of the major barriers to engaging lawyers in the use of appropriate technology is the widespread use of “technospeak.”

It seems obvious to me that if you are going to try and engage anyone in a process which is unfamiliar to them you need at the outset to set their minds at rest and you will not succeed in doing that if you use language with which they cannot identify. At best their eyes glaze over and at worst they run a mile. What makes it worse in the world of e-disclosure/discovery is that they cannot run far because considering whether to use technology is now firmly centre stage in the litigation process. While they may not be able to run far, they will almost certainly not run back to you if you get it wrong to begin with and they will end up with one of the many other organisations who profess to offer similar services. Last time I put the term “e-disclosure” into Google I came up with 95 million hits, so how on earth does a lawyer or anyone else looking for help decide which one to go for?

Continue reading

Pistols at dawn

In 1807 England was at war with Napoleon.

In the graveyard of St Laurence’s Parish Church in Stroud, Gloucestershire a plain stone carries the inscription:

Here lie the remains of Lieutenant Joseph Francis Delmont, of His Majesty’s 82nd Regiment, born November 25, 1785, died August 18, 1807.

On August 14th 1807 Delmont and Lieutenant Benjamin Heazle fought the last recorded pistol duel in England. A (relatively) recent article in Stroud’s local paper by Dave King describes the duel and the events leading up to it: Stroud – the venue for England’s last pistol duel, [Stroud News & Journal, 21 Nov, 2009]

The article makes for fascinating reading about events more than 200 years ago. Whether or not it was in fact the last pistol duel in England, duelling of any sort eventually died out and the last duel fought on English soil is believed to have been in 1852.

Continue reading

Sic transit gloria mundi

Latin phrases used to be an important part of a lawyer’s armoury, if only to confuse those without a classical education into believing that a mundane set of words must be important because of the solemnity with which they were intoned. Doubtless this also justified instructing a lawyer and a fee as the ordinary person could not be expected to act for himself (and in those days it almost invariably was a male) if they could not understand the language used.

I have an affectionate memory of learning Latin although too often my reports complained that “he could do better at Latin sentences if he learned the vocabulary and the conjugations”. I am in favour of it being taught, not least because it is one of the foundations of our own language today. However, nowadays the use of Latin in the law is dying out and a good thing too! Plain English is what we need so that everyone can understand what is being said and written.

Continue reading

Watch out! Costs About!

A Salutary Tale of Disclosure Obligations

Not everything in this blog is intended to be light hearted, as I found myself saying the other day. A kindly soul who had expressed approval of and interest in the blog had caused me to explain that there was intended to be a partly serious side to my musings as well as a bit of fun. So for those of you who only want to be mildly entertained, you should not read any further!

Actually, I rather hope you will read on, because litigation lawyers might have missed a recent decision which is relevant to everyone who conducts litigation in this jurisdiction.

British & Irish Legal Information InstituteI have to admit that I am a new convert to the webpages of the British and Irish Legal and Information Institute www.bailii.org.  The website is a veritable mine of information about recent cases, and what I like is that, at a click of not very many buttons, you can find a table of recent cases with very fast hyperlinks to judgments in cases which may be of interest.

I had been looking for the judgment in a recent case with a very different subject matter (and nothing to do with e-disclosure!) which had been reported in the newspapers last week, when my eye alighted on a case several places up the list of latest cases. I had stumbled across a judgment of His Honour Judge Simon Brown QC dated 8th October 2009 in the case of Earles v Barclays Bank PLC .

Continue reading

50 not out!!

As the English cricket season draws to a disappointing close, with the Aussies hammering England in the One Day Internationals and taking some (but certainly not all) of the gloss off winning the Ashes, I found I had nothing better to do but to  turn my mind to the CPR! (For the non lawyers among you, the Civil Procedure Rules and not Canadian Pacific Railways or Cardio Pulmonary Resuscitation).

I was surprised to find that the CPR is 50 not out. Since their introduction in April 1999, there have been a number of changes to the CPR and the 50th update is mostly due to come into force on 1st October 2009…

Continue reading