James Morton

2 weeks ago | lawgazette.co.uk | James Morton

The maxim instilled into me by the outdoor clerk where I was first articled – ‘litigants in person should be avoided at all costs’ – seems to have been borne out by the recent decision prohibiting one from visiting a law firm’s Birmingham offices. Jaggard the clerk had found me talking to one of those characters who frequented the Bear Garden at the Royal Courts of Justice carrying bundles of papers as they tried to avoid having claims struck out perfunctorily.

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

The Sentencing Council recently raised hackles over its apparent proposals that all except middle-aged, middle-class white Englishmen should have a pre-sentence report made before they are put on probation. In theory, very good, but when I practised I found that those the council now thinks need special attention received this without the obligation imposed on the court. Women in particular were often regarded as victims. By the way, was this proposed report to be required for returning customers?

2 months 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.

2 months 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’.

Mar 17, 2025 | 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?’.