The old order changeth

Of all the poems I was made to learn at school, few have remained with me as much as Tennyson’s Morte d’Arthur. I cannot help but be moved by the opening lines: “So all day long the noise of battle rolled, among the mountains by the winter sea”.

Lovers of legend will remember how the fatally wounded Arthur instructed his knight Sir Bedivere to take the famous sword Excalibur, throw it into the lake and come back and tell Arthur what he saw. The knight was bedazzled by the beauty of the sword and could not bring himself to do as instructed but pretended to the dying king that he had done so and had seen the waters ripple on the lake. The king knew he was lying and ordered him to go again. For a second time the knight could not do as instructed and again told the king that when he had thrown the sword into the water he had heard “the water lapping on the crag and the long ripple washing in the reeds.”

The king was furious and threatened to kill his knight unless he did as he was told and on the third occasion Sir Bedivere flung the sword with all his might out over the waters of the mere. As Excalibur fell towards the water, there “rose an arm, clothed in white samite, mystic, wonderful, that caught him by the hilt and brandished him three times, and drew him under in the mere.”

Continue reading

To boldly go

What clients want is a fence at the top of the cliff rather than an ambulance at the bottom. 

Richard Susskind’s analogy, accompanied by the appropriate slide, the contents of which I will leave to your imagination, was one of a number of catchy themes he used to describe the changing world of legal services last week at the Commercial Litigators’ Forum. 

What came to mind as he spoke was an image of Starship Enterprise and a reminder of the most celebrated split infinitive in the entire universe.  Whilst the opening credits of Star Trek talk of the ship’s mission “to boldly go where no man has gone before”,  back on earth my mind was on the bold new frontiers facing those engaged in the business of litigation. 

Continue reading

Litigating in the 21st Century

Slaughter & May hosted the latest meeting of the Commercial Litigators’ Forum on March 17th. The theme of the evening was “Litigating in the 21st Century” and there was a huge turn out.

Perhaps this was not surprising as the speakers were Professor Richard Susskind OBE and Robert Graham-Campbell of Maitland Chambers.

The aim of the seminar was “to provide clients with an overview of the implications for the traditional litigation model of Lord Justice Jackson’s Civil Litigation Costs Review, developments in the outsourcing market and the proposed introduction of alternative business structures such as Legal Disciplinary Partnerships and Barrister-only Partnerships”.

Any clients attending were, I suspect, the happier bunch at the end of the evening as the lawyers’ traditional model took something of a hammering despite spirited opposition from the floor at question time.

Continue reading

Going the way of Ozymandias

On reading Chris Dale’s recent post (Who needs a bridge when the river goes away? Sept 17th ) and marvelling at its wonderful pictures of the splendid arches standing serenely redundant in a field while the river flows elsewhere, I was reminded of one of my favourite sonnets, Ozymandias by Shelley. You all know the one I mean:

Continue reading