Graeme Johnston / 28 August 2023 Two established ways to approach legal work are: 1) Focus on substance: concepts, words, evidence, stories, negotiations, documents, solutions. That’s where the magic is. ‘Process’ is mainly about finding time to focus on them. It takes as long as it takes. Ideally you’ll manage to find ways to limit…

Graeme Johnston / 11 August 2023 Back in 2017, the Scottish government commissioned a review into regulatory reform of legal services. This was a decade after the passage of the Legal Services Act in England and Wales, and the Scottish review body (the Roberton committee) understandably had regard to what had been done there. The…

Graeme Johnston / 10 August 2023 A conversation I’ve been having for many years now, but which always comes back, is the distinction in legal work between The complicated and the complex The standard and the bespoke The template and the matter The planned and the reactive The commodity and the unique The routine and…

Graeme Johnston / 31 July 2023 [T]he key problems facing civil justice today are cost, delay and complexity, these three are interrelated and stem from the uncontrolled nature of the litigation process. Lord Woolf (English judge), Access to Justice: Interim Report (1995) (England and Wales) Litigants do not care all that much about stones being…

Graeme Johnston / 24 July 2023 Submission I made today to the Scottish Parliament’s Equalities, Human Rights and Civil Justice Committee for its inquiry into the Regulation of Legal Services (Scotland) Bill. The background to the legislative proposal can be seen from Brian Inkster’s blogposts on the topic. Question 1a What are your views on…

Graeme Johnston / 20 July 2023* * Updated on 24 July 2023 to deal with paras 1.2, 1.3 and 1.4 in a different way and to split out some content into para 4.2 This article proposes a draft simple, practical, neutral taxonomy for fee structures used in legal work. ‘Draft’: it’s work in progress and…

Graeme Johnston / 18 July 2023 In my article a couple of days ago, I mentioned a 2022 survey of US law firms and corporates by the Blickstein group. I think the contents are sufficiently interesting to warrant a further article. I won’t go through the whole thing, but will simply highlight the things that…

Graeme Johnston / 16 July 2023 Olas de gordo aceite son mis días:pasan tan lentamente que no pasan.Los hombres a mi lado miran, pasan,lentos también como mis lentos días. El futuro está ahí, lleno de días,pero es un duro charco: por él pasanlentas sombras de sueños cuando pasan…Nocturnos cielos cúbrenme los días. Aprendí, me enseñaron…

  Graeme Johnston / 10 July 2023 The argument of this article is that people doing legal work typically utilise three highly-developed technology pillars but that a fourth needs more attention if real progress is to be made with the crucial challenges of improving both quality and pricing. I freely admit that this is not…

Graeme Johnston / 13 April 2023 This is just a short piece to introduce the work of Reginald Heber Smith (Reg Smith) who lived from 1889 to 1966, and whose impact on legal work is not as widely known as I think it should be. He studied law in the years 1910-1914. After that, he…