Do they teach them anything at law school?

My current transaction has been brightened (is that the right word?) by this email exchange. The context is the tabling of documents at the completion board meeting, and how to record this in the minutes.

Me: documents are usually “produced to the meeting” not “reproduced to the meeting”.

Reply: the documents were produced at minute 4 and are merely produced a second time when being considered individually (hence “reproduced”).

You couldn’t make it up if you tried!

Yet more on the billable hour

More posts in the world of blawgs, particularly Never mind the billables by  Jordan Furlong in Law 21, following the article Killable hour in the latest Economist. Regular readers of this blog will know that selling time is one of my pet hates.

Furlong puts it very well in his post,

Your client doesn’t care how much profit you make for yourself; the client only cares that you delivered excellent value in a cost-effective (to the client) manner. How you bill your services is between you and your client; how much it costs you to deliver those services has to be your number-one business priority.

Selling time is the antithesis of selling value. Read Stefan Stern’s article Focus on value or pay the price in the FT (now some three months old). I liked his closing paragraph,

But for most businesses protecting margins in the next few months is going to prove extremely difficult. Cynics, Oscar Wilde once said, know “the price of everything but the value of nothing”. You know things are tough when the cynics don’t know the price either.

A great depression

Notwithstanding my injunction to cultivate a habit of optimism, the legal press continues to provide some element of corrective. It is some comfort, though not a lot, to know that lawyers across the piece are having the same problems, contemplating the same actions, and, quite possibly, making the same mistakes.

A sobering article in the FT last month, Redundancy and the threat of a great depression, caught my eye, and in particular the section on employees having to take on an increased workload. Now I have colleagues who think that this is no bad thing, but . . .

The potential for working harder, he [William Shanahan, medical director and lead addictions psychiatrist at Capio Nightingale Hospital] says, is exacerbated by technology: “BlackBerries and mobile phones mean that people are not managing their time well. They cannot relax even on a holiday, which can create problems with families.”

Managing time well is itself one more pressure on lawyers. It is one most of live with and, by and large, we learn how best to do it. It is, however, not just working harder, but also finding yourself with little or no work – and more time than usual. Having said that, writing this post is one way of dealing with the delay in replies from two of my clients on transactions where there is nothing more I can do until I hear from them further.

Summer’s lease

It has been a wet and dreary August. There have been the occasional days of sun, and with it warmth, but otherwise rain and damp, muggy days. Bank Holiday Monday was promised fine and our plan was to walk the ridge west of Great Mis Tor, starting at the car park past Merrivale Quarry and climbing up to Middle and Great Staple Tors before round to Cocks Hill via Roos Tor and Petertavy Common. We should have known better, after a decade living on the edge of the Dartmoor, that the best laid plans . . .

At Merrivale visibility in the low cloud was little more than 50 yards, and although the route planned is easy, navigation in low cloud across a landscape with few distinguishing features is a challenge. We turned in the car park and drove back to Princetown, parked behind the High Moor Centre and walked out along the disused railway track to King’s Tor. Considerably tamer but just being out and walking was enough.

We stopped on the way back to climb up the lip of Swelltor Quarries and were rewarded with the sight of a Raven. Its granite quarries are one of the best places to find Ravens on Dartmoor, and the sight of one below us in the mist was quite magical. The low cloud may have restricted the view, but we found ourselves much closer to those birds we came across than we might otherwise have done. In particular we got within feet of a male Wheatear, which held its ground, looking at us, before flicking away, its white rump the last thing we could see as the mist swallowed it up. For me this bird is summer on Dartmoor, perhaps not surprisingly, as Dartmoor holds the largest population of Wheatears in southern Britain. By the time we got back to the Princetown car park the sun was out, and we drove home under a clear sky.

In a recent Slow Lane column for the FT, Harry Eyres wrote about the rightness of summer; and of summer as kairological time. You need to read the whole column, but in short he contrasted our expectation of summer, that ‘everything will be right, the sun will shine, the company will gel’ with the ‘bitter disappointment some of us feel when summer fails to materialise’. But, he goes on, ‘the essence of kairological time is that it cannot be programmed; those moments of rightness come from nowhere’. And such was last Monday.

Early August

Gatekeeper butterflies in the blackberry bushes along the road edge, and Housemartins low across the fields, skimming just above grass height hunting for insects: for all the signs of summer it was, nonetheless, a cheerless start to August.

And yet, between showers,  we walked our patch that first weekend: Mardon Down on the Saturday, and Sunday in and around the woods that border the Hennock reservoirs. There is always something to see and hear. On Mardon Down, Yellowhammers: first their unmistakeable song, and then we caught sight of three or four, heads as if dipped in sunshine yellow paint; and Redstarts, a first for us on Mardon. Sunday had us dodging showers. Looking back from the high road to the reservoirs, Fernworthy was half hidden in rain and the edges of the High Moor blurred by low cloud. We walked with the threat of a soaking but were back at the Land Rover before the skies opened, rewarded with seeing that the Great Crested Grebes that we had seen courting in late Spring had had at least one brood. There, at the dam end on Trenchford, the Great Crested Grebe parents and three youngsters, plus a slightly older one.