Author: Graeme Johnston

  • Bad behaviour exceptions in English civil law

    Bad behaviour exceptions in English civil law

    Graeme Johnston / 20 March 2023 The question sometimes arises whether the ordinary law in an area should apply where someone is said to have done something fraudulent, illegal or otherwise questionable.  The general idea that ‘fraud unravels all’ is often mentioned in English law, but its application varies with context.  This post gathers together…

  • Tomorrow, and tomorrow (#5 of 5)

    Tomorrow, and tomorrow (#5 of 5)

    Graeme Johnston / 10 March 2023 The cartoon is English and almost two hundred years old. It dates from just before the start of several decades of radical changes in English law and court procedure. The artist dreams of sweeping away, among other things, the incomprehensible ‘Special Pleaders & their wigs also’ together with ‘Delays…

  • Sound and fury? (#4 of 5)

    Sound and fury? (#4 of 5)

    Graeme Johnston / 3 March 2023 This is the fourth in a series of five posts about time recording and billing in legal work. The first three outlined the history, current status, benefits and problems of that system in England & Wales, and in the United States. This one discusses the forces which may tend…

  • This petty pace (#3 of 5)

    This petty pace (#3 of 5)

    Graeme Johnston / 24 February 2023 This is the third post in a series of five. It covers the benefits and problems of time-based billing and why change is so difficult. In contrast to the prose of the first and second posts, this one comprises lists. The fourth and fifth posts will explore their implications.…

  • A walking shadow (#2 of 5)

    A walking shadow (#2 of 5)

    Graeme Johnston / 17 February 2023 ‘You have your principles, but then there is also the commercial reality’ Head of a specialist litigation function at a law firm, quoted by the Solicitors Regulation Authority – 14 February 2023 This is the second post in a series of five about time recording in legal services. The…

  • Syllables of recorded time (#1 of 5)

    Syllables of recorded time (#1 of 5)

    Graeme Johnston / 10 February 2023 This is the first in a series of five posts discussing time recording in legal services. The intended topics are: 1) Setting the scene – the history and current status of time-recording practices – this post, Fri 10th Feb 20232) Different types of pricing and target – appearance and…

  • Juralio rolling out across Slaughter and May

    Juralio rolling out across Slaughter and May

    Graeme Johnston / 3 February 2023 We’re pleased to announce that Slaughter and May have, since January 2023, started making Juralio available across the firm.  This follows Juralio winning the firm’s Collaborate competition in December 2020 and a pilot in 2021. The 2023 roll-out started with the firm’s London Corporate and Disputes groups and some Business Services…

  • Information as power

    Information as power

    Graeme Johnston / 30 January 2023 Informating …[A]ctivities… are transformed into information and thus become visible and measurable… [This] can be empowering. However, it can also be used to centralize power… [to] enable… monitoring… and [to replace people] by machines. However, these machines create new forms of information that can be used, simultaneously creating new…

  • Making progress with process in complex legal work

    Making progress with process in complex legal work

    Graeme Johnston / 24 January 2023 If you mention ‘process’ to many lawyers, it tends to conjure visions of something handed down from above. Potentially imposing burdens upon you for the benefit of others. Possibly managed by people who don’t really get the realities of legal work. It may in some contexts also have the…

  • The price of everything (in the law)

    The price of everything (in the law)

    Graeme Johnston / 9 January 2023 After the Roman period, the first laws surviving in written form for part of what is now England are those of King Æthelberht of Kent, around 1400 years ago. As you can see from the image, they were much concerned with putting a price on unhappy occurrences. A simple system…