From a legal point of view the major shift over the past few years has been no fault divorce, which I’d been campaigning for for a long time. This has crystallised what was already a shift in the zeitgeist, with people being less obnoxious and pointlessly confrontational. The tone has changed somewhat: you can see the relief on individuals’ faces when you tell them you don’t have to say anything nasty about your spouse: it’s just a very simple administrative exercise.
I’ve received my share of criticism from my peers. I find gossip and bitchiness just immensely boring and it always gives me a slightly nasty taste and nasty feeling. I’m a disruptor and so I’m sure people out there in the industry dislike me just as much as they always did. I always seem to provoke all kinds of extreme reactions among people that I didn’t know at all. On the other hand, being slightly on the outside of things helps me to be entrepreneurial.
To young female divorce lawyers, I’d say that you’re in a uniquely strong position of appealing to female clients who might be feeling suspicious of men – but also appealing to men who want their wives to be understood and want to soften their look. The men that do go into divorce law are a minority but they tend to be very successful: that’s probably because those that do so have got a real vocation. I find men really good dedicated workers and while we have a minority of men, I would very much like to redress the balance. The reality is we hire purely on quality and so we just get whatever gender mix comes in.
On hiring, there have been times when we have been just so busy that we have taken on people that were doing well somewhere else, assuming they would do well here – actually, that very often wasn’t the case because we have our own demands way of doing things. We have had some great lateral hires but mostly it hasn’t worked out. Happily, we have fantastic graduate trainees but there, I have to work hard to stop losing them; what happens is they get offered a pay bump elsewhere by headhunters. It’s a nice problem to have though as we just have to raise salaries.
There’s still more to do on the public policy front. I feel strongly we have this situation in which men tell women they are having an Islamic marriage. Women are married in order to have sex with them and then get divorced over texts. This is not something that England should be condoning as non-marriage: it is void marriage and clearly defective but void marriage carries financial relief much like valid marriage. That’s one thing I think they need to deal with: at the moment men are getting away with this with impunity.
People ask if I am a workaholic, but I would describe myself as immensely lazy: in fact I think I am more of an achievement junkie. I like to do things with the minimum of effort but I am also restlessly wanting to achieve. I am much more of a morning person than a night owl. If I have got something important to do I will set my alarm early and do it in the morning which is when I do my writing. My novel is called Pont Neuf, and I’m releasing it in instalments on Substack. It’s heavily based on lots of things I have experienced including some of the challenges growing up being ethnically unplaceable in the 70s and 80s in England and experiencing different sorts of racism. People are going nuts for it.
Top employment lawyer Louise Lawrence on job contracts
Patrick Crowder
“So you’ve got the job! Congratulations!”
That’s usually where the conversation ends. However, negotiating an employment contract is just as important as nailing the interview, so it’s crucial to know what to look for. Louise Lawrence, who is an employment lawyer at the London-based law firm Winckworth Sherwood LLP, has given some advice on things to watch out for in a new employment contract.
Lawrence says that the first thing to look at is the presence of a probationary period, as the prospect of termination with little notice is something which can jeopardise an employee’s financial security.
“These can have benefits for both parties as if you end up not liking your new role you can move on quickly. However it can also be disenchanting to see that your employment can be terminated on very short notice,” Lawrence says, “Consider asking for the probationary period to be removed or extending the notice period to give you some financial comfort if things do not work out and the business dismisses you during the probationary period.”
Of course, a major concern should be salary. Lawrence says to not be afraid of negotiating a higher number, and to ensure that your salary will be reviewed regularly to combat the rising cost of living.
“Don’t be afraid to ask for more than was originally suggested. With the cost of living going up, also check when your salary will be first reviewed and what the business’s process is in relation to salary reviews,” Lawrence says.
Alongside salary come bonuses, which can take different forms. Sign-on bonuses and performance bonuses should both be examined carefully to find out what exactly the requirements for receiving and keeping them are.
“You may be offered a sign-on bonus as well as performance bonuses. Sign-on bonuses often contain repayment provisions if you leave the business within a certain period so check what these are and whether there is a sliding scale of repayment relating to how long you stay with the business as this would be more reasonable than you having to repay the whole amount no matter how long you have stayed with the business,” Lawrence says, “For performance bonuses find out what criteria you have to meet and obtain as much clarity in writing as possible before you enter into the contract. You may also want to negotiate a guaranteed bonus for the first year while you get up and running at the new business.”
With the talent war raging, benefits are more important than ever, so it is worth knowing what you will be getting in order to make an informed decision about accepting an offer.
“Employers are focussing on what benefits they can offer to employees in the war for talent. Find out what benefits you will be eligible for and in particular whether private medical insurance, critical illness insurance and death-in-service benefits are provided,” Lawrence says.
Flexibility and holiday are two important factors. At the moment, businesses offering remote work may be offering it only temporarily, so this is worth finding out before you sign on. Workers are entitled to 28 days of holiday time, including bank holidays, per year. Any more than that is up to the company, so this is information can be found in your contract. As Lawrence points out, sick pay also has a statutory minimum, so check if your potential employer offers more.
“A number of employers have contractual sick pay arrangements where they agree to pay more than this. Have a think about whether you feel those periods are reasonable and also ideally whether they dovetail with any critical illness cover in case you become ill with a serious condition,” Lawrence says.
If the employment contract mentions other texts, such as a staff handbook or specific policies, you should ask for these documents before you sign. They often cover things like maternity and paternity leave as well as emergency leave policies.
A new job often feels like the beginning of an exciting journey, but most of the time that journey will end at some point, so it is good to be prepared. Lawrence explains the importance of minimum notice periods for both the employer and employee.
“Statutory minimum notice periods are short,” Lawrence says, “These require that after one month’s employment, an employee and employer must give each other one week’s notice. The notice period that an employer has to give then increases by each year of service up to a maximum of 12 weeks’ notice after 12 years’ service. Contracts often include a right for the business to pay a lump sum in lieu of notice. If you feel that the notice provisions are one-sided, ask for them to be made fairer.”
The final point to look out for is any agreement which may limit what you do professionally after leaving the company. If a non-competition agreement is signed without much consideration, it could leave a former employee unable to work in their field if they are fired or choose to leave.
“There could be a non-compete covenant preventing you working from a competitor for a certain period or covenants preventing you from soliciting and dealing with clients for a certain period,” Lawrence says, “There is no requirement in the UK for an employee to have to be paid during the period of the covenants. If you consider the covenants are too onerous, negotiate these covenants before you enter into the contract.”
This may seem like many things to check off the list, but it is important to protect oneself in the world of work. Even though most employers are not likely to have predatory or deceptive conditions in their contracts, it is always worth checking, even if only to see what can be negotiated for. Armed with this knowledge, it is our hope that you will be able to accept job offers with confidence.
In 2021, I embarked on a study of the perceptions, experiences and viewpoints of UK law students in the time of COVID-19, and would like to share my findings with Finito World readers. Some of the results of the study are not unsurprising and echo findings in other education contexts. The findings are grim in places, and include the impact on student mental health; the perception of 2020/21 being a ‘lost year’ for undergraduates studying at the height of the pandemic; and student dissatisfaction with the reduced socialisation. The role of technology in facilitating learning, brought many benefits but was not without its challenges.
Unsurprisingly, students expressed fears about the infection and its impact on their studies. The fear of illness was interesting as it centred much more on the negative impact of being stuck in a tiny room in isolation than fear of the disease itself, which was logical given the age and risk profile of those students studying at undergraduate level.
No student discounted the significance of the health crisis or said that they did not adhere to the imposed lockdown and social distancing regulations. The impact of the pandemic on mental health was recounted by all students. This is not surprising and consistent with other studies, such as those conducted by Al-Rabiaah in 2020, and Khalid in 2016, which link epidemics with fear and high levels of psychological distress. This pandemic was especially stressful in that it has occurred suddenly and under circumstances where the participants have little control. Here then are some of my findings, with some anonymised quotations from the students themselves, detailing for readers relevant experience.
The study was conducted in March -May 2021 and developed as a pilot to inform more detailed qualitative research, based on ‘free form’ responses to a questionnaire. The questions included: (1) what were students’ expectations of studying before COVID-19; (2) what were students’ experiences of studying through COVID-19; (3) what were students’ concerns about studying through COVID-19; (4) what was students’ use of technology; (5) what were students’ perceptions on the impact on employment and career progression; (6) what were students’ perspectives on how higher education institutions can best support students studying remotely Participants in the study were students studying for a qualification in law (or a subject with a law-related module component) at four higher education institutions in the UK. The institutions reflected a range of organisational formats including traditional campus-based and one which offers exclusively online tuition as well as mixed online and face-to-face courses.
Students have shown admirable resilience
Pandemics tends to present a risk of students withdrawing from their studies altogether. The good news is that there was no overwhelming evidence among the small sample reviewed that students were disengaged with their studies and students showed resilience in dealing with the situation. One student did however note that they had decided to defer – though in this instance, had done so optimistically.
The results also indicate that students are divided on the highs and lows of studying in the pandemic. Accepting the sombre context of the study, students were able to appreciate some positive elements. Some were grateful for their universities providing agile online support, compensatory tuition or additional social activities. Others illustrated an ability to focus on other dimensions of university life particularly peer collegiality, and they focused on fostering a sense of community during a difficult time. Some reflected on greater contact with family; efficiencies from remote studying; and an affirmation that studying in the pandemic was an achievement in itself.
The in-person experience is missed
On the other hand, there were some real lows – most regretted the lack of a full university experience. This was especially acute where students were told by others who had studied in more normalised times that they were missing out. This in turn seemed to occur along two lines – the lack of freshers’ experiences which students had been looking forward to, and the imperfect experience of remote learning. Many of course experienced both of these anxieties simultaneously.
“Online teams meetings work well but there is no substitute for meeting a tutor in person and having a lively discussion.
“I was expecting / hoping to meet more students and tutors face to face in tutorials and be able to have discussions with them in tutorials and outside of tutorials. The pandemic resulted in all contact being either audio only (or in some students’ cases, text only) with no use of the video facility.”
Many students put community before self
Throughout my research, the students’ own value and belief systems were apparent. Many told me that they had engaged in pro bono activities, as part of a recognition of the need to put others before self. I often found myself impressed by their courage.
Remote-learning was largely viewed positively, but not universally and the digital divide is a problem
Technology as a learning tool was largely viewed positively. Students recounted their investments in technology to deal with the pandemic as well as online support from their institutions. This issue in turn raises a question of the digital divide where some students may not have adequate financial resources to access technology. While online learning has developed in ways which may have been scarcely credible pre-pandemic, some students however expressed preference for in-person examinations. The role of technology outside the curriculum was also significant as a partial substitute for student-led initiatives to achieve a sense of community and maintain their social networks.
“While studying through COVID-19 I have been concerned about my mental health while also dealing with the mental fatigue of having to work and study from the same space for long periods of time with limited outdoor access.”
Many students are concerned for their futures
In spite of the point above, many students voiced concerns about the impact of the pandemic on achievement in examinations linked to the online environment. Even so there was a repeatedly expressed silver lining here: many students saw the experience as fostering skills that would be transferable to the workplace. Some felt it would develop resilience, others that it engendered new skills or interests.
Many students are worried about the availability of suitable work experience and opportunities
A recurrent theme was the impact on work experience opportunities caused by limited access to networking opportunities, the reduced benefits of online internships and more general limitations of interacting online. Of course, this was also linked to the impact on students of difficulties in the global economy, leading to a smaller pool of jobs than has been typical. Even so, the experience of post-graduate students was largely neutral on career progression for the simple reason that such students tend to embark on study more for the intellectual content of the course than for purely employability reasons. In such instances, the qualification was an end in itself.
“Further, if this had been my undergraduate degree, when the “experience” was more important to me, I would have been disappointed to have been part of the generation that attended university during the pandemic.”
The quality of institutional response was mixed
Opinions were divided as to how well institutions supported students through the pandemic. Prompt interventions in providing online support and continuity were applauded and students praised their tutors in dealing with the situation and adapting their delivery and materials. Where criticism was voiced, it was more targeted at the faculty or institutional level. This manifested variously as a need for greater sensitivity to mental health concerns and complaints about a lack of effective communication.
Value for money is a primary concern
While most students demonstrated a philosophical approach to the situation one respondent highlighted a concern with the level of university fees. Although this was not addressed directly in the written responses I observe that the issue of paying for rent for unused accommodation has been very galling for many students. There is a belief that students didn’t receive value for money and this imbalance will affect those who are least able to pay:
“While understanding that the costs of running the university largely virtually are high, it is nonetheless frustrating that university fees remain the same/are rising when students are unable to make full use of the facilities and may not even be on campus for much of the time. This will also be the harshest on those who are already suffering more from the pandemic itself.”
There’s a lot we can do to improve the system
As far as I am aware this is the first qualitative study in the time of COVID-19 that has been undertaken involving law students. Throughout the study it became clear to me that while lawyers tend to develop throughout their careers to a remarkable extent, a lot of this resilience is developed in higher education environments. This raises the stakes and makes me surer than ever of what we need to do to protect students and ensure the future health of the next generation of lawyers and our profession, now and for the longer term.
I would like to hope that this modest study may serve as a catalyst to inform research that can contribute to the design of student support strategies and provide a more effective learning environment during and after a time of crisis. To facilitate better understanding to inform evolving strategies, it is important to have a comprehensive insight into students’ dynamic perceptions, feelings and experiences in a crisis. This study could also be an incentive to education institutions and the academic community to undertake further research in this area in the UK and elsewhere.
A series of recommendations, emerging from students’ own responses are outlined in the box opposite.
Box: How to Improve Law Student Experience in a post-COVID World
Provide effective online support
“Replicate what [Institution] is doing, especially with [online] library access.”
“I think it’s best to make sure everything required is online.”
Institutional flexibility in assessment methods
“I think [Institution] was very supportive in providing [assignment] extensions. I never used one but it gave me confidence that it is there if needed.”
“Answer emails quicker, as I missed many assignments and an [examined assessment] due to being overlooked at one of the worst points of my life.”
Support students’ mental health
“Higher education institutions can make it known to students what kind of support is available so that students are aware of the support while they are in difficulty rather than when they are in crisis.”
Greater sensitivity to special needs including disabilities and carer responsibilities
“The only thing I feel is a shame is that the [final examinations] were cancelled. I felt there was no need to do that as we had plenty of time to complete them. I was working from home, trying to home school 3 children, one of whom has special needs and none of whom have English as there first language.”
Assistance with tuition fees that targets genuine need and a long-term view of investment in learning and development
“If possible, financial support for those who require it.”
Greater preventative measures including planning, response strategies and preparedness in relation to health crises
“The uncertainty experienced by students would be well remedied by having events to look forward to: I think the lack of structure and non-academic events to look forward to has been one of the failures of universities generally.”
Consideration of the needs of international students with remote-learning better reflecting disparities caused by time-zones
“Prominent examples [of lows] would be having to return home instead of staying at university accommodation due to governmental regulations.”
Greater opportunities for face-to-face contact where permitted by public health regulations
“Have as much face-to-face time as possible and perhaps once a week drop in sessions where students can talk about things that they need help with rather than having to wait for emails.”
Greater coordination of centralised and decentralised institutional communications
“The best way universities can support remote study is good communication.”
“Communication from “the top” has been poor. It would have been better for those at “the top” to have held a meeting earlier on with students in order to set out their views and thereby help to steer the ship in the right direction, including by preventing any misinformation from spreading.”
Student engagement in decision-making which affects them
“It is also important for HE institutions to regularly check in with students as for many institutions this form of working is new and it is more useful to catch any gaps in their approach early, but it also allows students to feel more in control of their experience as they have a say in next steps.”
If you want to know more about these summary findings, and further research projects in the area, as well as upcoming publications, contact Suzanne Rab (E. srab@serlecourt.co.uk; M. +44(0) 7557 046522).
Professor Suzanne Rabis a barrister at Serle Court Chambers specialising in regulatory and education law. She is Professor of Commercial Law at Brunel University London, a law lecturer at the University of Oxford, and Visiting Professor at Imperial College London. She is an expert panel member of the UK Regulators Network, a member of Council of the Regulatory Policy Institute and a non-executive director of the Legal Aid Agency.
Advances in technology, brought to the fore during and in the wake of COVID-19, have reignited the debate about how such developments may remove barriers connected with access to justice. The rise of artificial intelligence or “AI” promises significant advances for humankind. As both a barrister specialising in human rights and an educator I see the opportunities and the challenges. One area as yet underexplored is whether our humanity is being lost in this process.
The technological advances I observe build on the field of artificial intelligence or “AI” as a discrete phenomenon which has its origins in a workshop organised by John McCarthy held at Dartmouth College in 1956. The aim of the workshop was to explore how machines could be used to simulate human intelligence. Various disciplines contribute to AI including computer science, economics, linguistics, mathematics, statistics, evolutionary biology, neuroscience and psychology. A useful starting point is a definition offered by Russel and Norvig in 2010 where AI is defined as computers or machines that seek to act rationally, think rationally, act like a human, or think like a human (see Box A below).
Artificial Intelligence (AI) is characterised by four features
Acting rationally: AI is designed to achieve goals via perception and taking action as a result
Thinking rationally: AI is designed to logically solve problems, make inferences and optimise outcomes
Acting like a human: This form of intelligence was later popularised as the ‘Turing Test’, which involves a test of natural language processing, knowledge representation, automated reasoning and learning
Thinking like a human: Inspired by cognitive science, Nilsson defined AI as “that activity devoted to making machines intelligent, and intelligence is that quality that enables an entity to function appropriately and with foresight in its environment”
Box A. What exactly is Artificial Intelligence?
So how does the above apply to the law? An effective civil justice system supports and upholds the rule of law where the law must be fair, accessible and enforceable. Yet, as things stand, there are well-documented barriers to accessing justice. In England and Wales the Legal Services Research Centre (LSRC) commissioned a series of surveys between 2001 and 2011 inviting more than 5000 participants to explore whether they had experienced problems in accessing justice. Cost is a major barrier where the LSRC found that less than 30 per cent of individuals who recognised that they had a legal problem sought formal advice (LSRC, 2011). There are other non-financial barriers including mental health problems, immigration status and discrimination.
Technological Breakthroughs
AI and other advances in technology have been used extensively in legal practice and provide opportunities to deliver and access legal services in ways previously unimaginable and represent the nearest that the legal world has come to sci-fi.
Predictive analysis draws on big data to forecast the outcome of a case and advises clients whether to proceed, effectively substituting an individual lawyer’s experience, assessment and intuition. The term ‘Big data’ has been coined for the aggregation, analysis and increasing value of vast exploitable datasets of unstructured and structured digital information. Decisions founded on such tools could result in outcomes which are much cheaper than pursuing cases with limited prospects of success.
However, this is likely not a silver bullet. The use of predictive analysis to access whether an outcome is likely to be successful may be inaccurate because of a number of factors. One problem is that the number of cases decided out of court means that predictive analysis based on reported cases will cover a small subset of actual disputes. The accuracy and value of AI relies on how software is programmed and machines learn bias based on past experience. These examples can distort the data collected. Relying on predictive analysis to advise clients whether to proceed (potentially, saving time and money if a case is unlikely to be successful) may be flawed due to lack of a statistically significant dataset. Secondly, inconsistencies in algorithms could mean that critical data is not being collected. Thirdly, the software may not be able to work out the finer subtleties and variations involved in some cases. In such cases, relying on predictive analysis to advise clients may be flawed because it misses the ‘human factor’.
Virtual solutions do allow cheaper access to ADR and a number of innovations can be observed where online solutions (whether mediations, arbitrations or hybrid early neutral evaluations) are involved. Advances in technology have unleashed automated document generation or information provided via chatbots in order to provide free or cheaper access to legal information.
New means of searching for law are emerging. ROSS intelligence was developed to free up lawyers’ time so they could devote this to other tasks, potentially pro bono. DoNotPay represents another channel for delivery of free legal advice. This chatbot was invented in the UK by Joshua Browder. By March 2017, assisted users had overturned 200,000 parking fines in London and New York. There are however practical limitations of chatbots regarding more complex areas of law. Lawyers may be unable to audit the accuracy of forms submitted online (and update them when required).
New Opportunities
While it may be difficult to contemplate at least at the current times that machines will replace lawyers, developments in technology have the potential of reshaping some parts of legal practice. While this raises a number of legal, moral and ethical issues this phenomenon opens up new vistas and opportunities. For consumers of legal services, these innovations allow greater and more diverse access to legal services.
Given the need to be well versed with technology to engage in effective outcomes, it may be asked whether and to what extent it would be useful in technology-led dispute resolution for members of the judiciary to have legal technology programmes. Related to this is the question of how the judiciary leverages support of law schools to develop such executive learning programmes.
COVID-19 has shown the legal sector lags in terms of digitisation despite its ambition to bring the sector into the digital age. Law schools which have developed online learning will be able to transfer their head-start to support the judiciary but there also needs to be an investment in systems. While that is happening, support can be given in the area of legal technology skills training. This will support at the skills level but also assist with overcoming any technology phobia or reticence. On the whole, in the author’s view, the experience in England and Wales has been positive in terms of the alacrity of the judiciary to embrace technology.
A related issue in terms of capacity-building and skills adoption concerns access to the underlying technology and infrastructure. The ideal of high-speed internet access within and across the jurisdiction is not universal. COVID-19 has revealed the disparities in access to affordable, consistent and reliable internet within and between nations. As the daughter of a diaspora, I do not forget my roots in the Indian sub-continent. Not only the judiciary but most lawyers and clients in India do not have access to high speed internet. Where courts do not have the infrastructure for online hearings this simply means that trials do not take place, adding to backlogs. There are anecdotal examples of cases being filed using WhatsApp. The judiciary and practitioners can perhaps work not just with law schools but engineering and software departments to initiate online filing software pilots and then have relevant executive programmes around this.
Humanising Legal Education and Practice in a World of Hi-Tech
Information and access to information are critical to knowledge acquisition and human education development. Lockdown and social distancing during and in the wake of COVID-19 have meant that information technology devices have taken on a new or increased significance. Computers have kept the wheels of business and social discourse turning, and for many they have been the main or only source of information on everything from the weather to the availability and safety of vaccines.
This umbilical attachment to technology in the quest for knowledge and connection raises questions about the need for a new equilibrium between protecting individual freedoms and wider national interests in the context of the global digital information society. AI is being used in almost every area of life from fintech, to robotics and telecoms (see Box B on AI and Fintech, AI and Box C on Robotics and AI and Telecoms).
AI and Fintech
Box B. AI and financial services
AI and Robotics
Box C. AI and Robotics
AI and Telecoms
Box D. AI and Telecoms
A balance has to be struck with sensitivity to respect for human rights including private and family life, home and correspondence, the peaceful enjoyment of possessions, freedom of thought, conscience and religion, and freedom of expression among other rights. Freedom of expression includes the right to receive and impart information and freedom from discrimination in the exercise of such rights, while recognising that the exercise of these rights carries duties and responsibilities.
The European Convention on Human Rights and other international instruments sets out minimum conditions for the legitimacy of any interference with individual rights. Broadly speaking, any interference with fundamental rights must be prescribed by law and necessary in a democratic society in the interests of national security, public safety, the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
It is hard to dispute that there has been a seismic shift in the development of technology prior to and ongoing through COVID-19. This shift has in some respects allowed for mitigation of some of the worst shocks of dealing with the immediate emergency, yet it raises a question as to how, if at all, this has affected our humanity.
December 2018 heralded The transHuman Code in Shenzhen, China. This was described as: “informing and engaging all citizens of the world about the dynamic influences of technology in our personal, communal and professional lives, The TransHuman Code was formed to redefine the hierarchy of our needs and how we will meet them in the future”. Further endorsement followed with the “The TransHuman Code Davos Gathering of Minds” at the World Economic Forum in January 2019. This event introduced the world’s first digital “person” and first digital book signing”. In May 2019, the Organization for Economic Cooperation and Development (OECD) published the first, internationally agreed principles on human-centred, trustworthy AI reflected the democratic values of the OECD members.
Information and knowledge (whether it is formal education or ‘fake news’) built on minimal or cheap labour, where it does not reflect the cherished values of the rule of law and fundamental rights and where it its used for oppression or excessive profit, is a threat to our humanity. While the internet knows no geographic boundaries, human rights protection in this borderless hi-tech world remains largely a matter for individual states and is perhaps the next existential threat beyond COVID-19.
If you want to know more about these summary findings, and further research projects in the area, as well as upcoming publications, contact Suzanne Rab (E. srab@serlecourt.co.uk; M. +44(0) 7557 046522).
Professor Suzanne Rabis a barrister at Serle Court Chambers specialising in regulatory and education law. She is Professor of Commercial Law at Brunel University London, a law lecturer at the University of Oxford, and Visiting Professor at Imperial College London. She is an expert panel member of the UK Regulators Network, a member of Council of the Regulatory Policy Institute and a non-executive director of the Legal Aid Agency.
The former Court of Appeal judge describes how his study of classics affected his career – and how his knowledge of the law impacted his recent work as a historian
It’s fair to say I always found the classics more interesting than the law. I did classics for my first two years and then switched. I did have some regrets. I enjoy law as an academic subject much less, but I was set upon pursuing a career as a barrister; but it doesn’t compare with the study of the classics. Even so, I thought that studying law might be a good idea under the circumstances.
But there are some aspects to a study of classics which can be of use in the law. An exposure to classical authors can be helpful, for example, when it comes to composing judgments. I structure all my judgments in the same way. I make them as clear as I possibly can, and in that I’m particularly influenced by Julius Caesar. Then, in terms of elegance of style, I am indebted to Tacitus. Greek literature is another pleasure: I have gained a lot from Thucydides, who is lucid like Tacitus, and from Herodotus when it comes to storytelling.
Traditionally, it’s always said that classics is a very good grounding for a legal career. It promotes orderly thought, and gives you the necessary intellectual background and so on. That’s all true. Classics is of great benefit for a legal career. But I’ve now found that a legal career is a great aid to the study of classics. Having practised as a lawyer for 50 years, I am well accustomed to studying evidence, assessing it objectively, and reaching my own conclusions. In my book, The Roman Occupation of Britain and its Legacy, I have tried to apply the disciplines which I have acquired in a legal career to analyse the evidence.
It seems to work like this. The study of classics reinforces your understanding and application of the law and practice as a lawyer reinforces your ability to analyse the archaeological and literary evidence in an ordered and structured way in order to reach logical conclusions. The two go together.
Since the time when I was an undergraduate study of classics, there has been a revolution in the study of Roman Britain is now. This is now driven by archaeological research – somewhat to the detriment of the literature. People pay a lot of attention to field studies, and much less attention to what the ancient authors have to say. In recent years, people have been so preoccupied with archaeology and field studies that they have downgraded the importance of the literature. I’ve tried to reintroduce the literature to a preeminent place in writing this book.
It took me eight years. I set about going through the literature first. I did that with the aid of translations where I was getting stuck with the original texts. In other words, I was operating in the traditional way – the way historians would have done it in the 1960s when I was studying classics of Cambridge. I then went through all the reports of field studies, together with the archaeological research reports and tried to combine that with the literary evidence.
That may sound like quite an arduous task for a mere amateur like myself. In fact, it’s an impossible task for an amateur. But by great good fortune, I had the help of Martin Millett, who is the Professor of Classical Archaeology at Cambridge. I went to see him at the suggestion of a Fellow of Jesus college where I’m an Honorary Fellow. He had his doubts as to whether a mere lawyer could actually make anything of it.
But we developed an entirely informal system. I would read chunks of archaeological research and so forth. I would draft my chapters and then go up to Cambridge. Martin and I would discuss them for an hour or two – then I would take him out for lunch. He was very happy with this arrangement.
I think he was quite interested to have a lawyer analysing the evidence and challenging what the academics had said. For me to have his input was essential: there was no way I would know which were the reputable articles and which weren’t; nor would I have known the best sites to visit or what I should be looking at. So Martin guided my reading and research informally.
Some people have said my book is funny, but that might be an area of disparity between classics and the law. It can be disastrous to make jokes in court. But I do try and bring the knowledge of human nature I’ve acquired in the law to the period. Imagine Caesar’s invasion of Britain today and you’d get a public enquiry immediately – or as in Iraq, three different public enquiries with three different terms of reference.
It’s important to treat a classics degree as a springboard for your intellectual life, and to continue to pursue your reading and study of what you have been learning at university. The interesting thing is that human nature doesn’t change very much: in the ancient texts we are observing how human nature, which is the same as now, operated in a very different historical and technological context. The human heart remains the same, but the mindset changes.
Sir Rupert Jackson was a Lord Justice of Appeal until his retirement in 2018. His latest book is The Roman Occupation of Britain and its Legacy (Bloomsbury).
