Articles

  • 1 week ago | lawgazette.co.uk | James Morton

    Once I became editor of a legal magazine I quickly learned some lessons about writing. Here are a few thoughts about submissions. First, even if you think you can do better, you are wasting everybody’s time suggesting you should replace a house regular. Second, choose a subject about which you have more than just a working knowledge. Certainly, if you have a specialist knowledge of butterflies, don’t suggest an article on ice hockey.

  • 3 weeks ago | lawgazette.co.uk | James Morton

    I see Lord Wolfson trotted out that perennial pride of the Bar ‘the cab rank rule’ in his Policy Exchange speech. In 25 years of practice, I never met a clerk who, if he or his master did not want a case, could not evade it. Whether it was simply requiring an exorbitant fee on the brief – I know of one 1980s case where £800 was demanded for a half-day paper committal with a submission – or lame excuses: ‘Mr Smith has (unexpectedly) gone part-heard in Nottingham’.

  • 1 month ago | lawgazette.co.uk | James Morton

    In the 1960s young solicitors who wanted to do a bit of advocacy were thrown in at the deep end. You learned on your feet and hoped not to make too many mistakes, like asking Flying Squad detectives questions such as: ‘My client is a man of good character?’. The answer could well be ‘No, sir. He mixes with thieves and prostitutes’. The correct phrasing was: ‘He has no convictions?’. And, when examining an officer’s notebook: ‘When did you make this up?’. Much safer to say ‘When did you compile this?’.

  • 1 month ago | lawgazette.co.uk | James Morton

    After a few weeks in the same court, teething problems were overcome at the new Crown Prosecution Service. At first, files had gone missing with regularity, with staff and the police blaming each other. In one case, a s21 OAPA had no medical evidence and, despite a deal of red ink being spilled and the man in custody, I was instructed to take a plea to common assault.

  • 2 months ago | lawgazette.co.uk | James Morton

    My first day acting as an agent for the newly formed Crown Prosecution Service did not begin well. Most of my time had been spent in courts with the dock behind the advocates, but this one was on the wall to the magistrates’ left. I placed myself next to it, incurring the wrath of the locals. I soon moved. Then, after the first three cases, the clerk handed me a note: ‘Isn’t it usual to ask for costs?’ He was a talented close-up magician and, if the morning list ended early, would do tricks.

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