Tag Archive for 'law-blogs-and-blogging'

Plaudit

I have been reading Usefully Employed’s blog pretty much since it started. It was always an interesting read on employment matters and broader topics. But I have to say that since March, with a redesign, some added features like an EAT decisions feed, and frequent, superbly clear and well written posts on Tribunal, EAT and statutory employment related matters, it has really come in to its own. Try the post on the contentious Christian Registrar case Ladele v LB Islington as a sample.

I do feel that there are still far too few substantive law blogs existing in the UK, certainly outside those dealing with IP law. Those that do exist should be celebrated, not least because it is hard work to keep one going. When they are done with clarity and elegance, it is worthy of note. I would therefore like to commend Usefully Employed to you as a first rate law blog.

(Disclaimer - I am not an employment lawyer, so make of that what you will, and we both share a fondness for the Wordpress K2 theme. Oh and UE has left a pleasant comment on this blog on occasion. No money has changed hands).

Happy happy

I can’t resist the third person, so..

Nearly Legal has an assistant solicitor post in a damn good housing department in a good firm now sorted out for post-qualification in October. No, I’m not telling you where, nor am I casting aside anonymity. Not now anyway.

Nearly Legal is also off on holiday for the next 10 days or so. I’m not going near the internet, so anything that comes up in the meantime will have to wait for my return.

Scraping a second

I managed to miss an anniversary, a bit like my own birthdays these days. Nearly Legal was two years old on the first of June. Two years! That is positively middle aged in internet years, fittingly making the blog roughly as old as I am.

It has been quite a trip. I can safely say that I didn’t plan what Nearly Legal has turned into at all, nor did I expect what was always going to be a very niche blog to get the range of readers and calibre of commentors that it has. For all who comment and email, my thanks. It is, quite honestly, what keeps the blog going.

It isn’t just this blog that has changed, the surrounding world of UK law blogs is also very different. When I started, all the UK blawgs could comfortably fit on my blogroll link list, without it looking particularly lengthy. That is thankfully no longer so. There have been departures, some lamented, but also a lot of newcomers and, much to my delight, increasing numbers of very good specialist blogs have appeared.

There has also been an increasing amount of fun to be had with page scrapers, RSS and aggregators over the years, which has hopefully made Nearly Legal more of a resource than just a blog.

When I started Nearly Legal, I was a paralegal in search of a traineeship. Thankfully that has changed too. I’ll be qualified in a short while, of which more in a few days.

Like all anniversaries, though, this has brought on a minor bout of navel gazing. Whether Nearly Legal sees another anniversary, or even six months, depends on what will be dramatically changing circumstances, none of which I can safely predict. Where I want to take it, assuming it does keep going, is also not certain at the moment. It has been a lot of fun, but also a lot of effort, over and above my full time work. In the meantime, though, normal service will be maintained as far as possible…

And another housing law blog

The world domination plan is on schedule as another housing law blog starts up…

A warm welcome to ‘The snail in that legal bottle‘, by Ethan, a ‘housing sector legal person’.

Unfortunately, by way of greeting I popped over late last night and left an inadvertently pompous hatchet job in a comment to a post. I was under the initial, but brief, impression I was doing friendly discussion. Well done me.

World famous round here 2

Nick Holmes of Binary Law, renowned throughout the legal information tech world as being a very nice man indeed, has been generous enough to include Nearly Legal as one of his Blawgs of Note in an article for Legal Executive Journal, April 2008. Apparently, the article also featured a Family Lore post and one of mine alongside the article.

Nick’s blawgs of note included Family Lore, Charon QC and Impact. And who in their right mind could argue with that?

In paper based media, Nearly Legal has now featured in or written for, in chronological order, The Specialist Paralegal, the Solicitors Journal and the Legal Executive Journal. Sweet and Maxwell or indeed Rupert Murdoch where are you? I may need a job in a few months time…

Admin Court latest decisions feed added

The bottom right of the blog now has both Civil Court of Appeal and Administrative Court judgments in feeds that update as soon as the judgments are released on Bailii.

Non-techies can look away now.

For the technically interested, this is a complete kludge. The beta Bailli recent decisions RSS feed is filtered through a Yahoo pipe, adapted from one by Nick Holmes, to give only Admin decisions. But the resulting RSS feed from the Yahoo pipe wouldn’t show up in the Wordpress RSS widget whatever I did to it, so the Yahoo feed has been redirected through Feedburner to give a feed that does show up. If anybody wants the feed for their own use, the URL is http://feeds.feedburner.com/ CopyOfBailiiRecentDecisionsEwcaAdmin

Next, I’m going to play with combining Admin and Court of Appeal feeds into one and filtering the results. This may, or then again may not work out

Oliver Twist

Charon QCNot being satisfied with putting the boot in only once to Caroline ‘Workhouse’ Flint, I’ve had another go, this time in a podcast with Charon QC, now available for your listening pleasure.

I hope and trust that this is giving the proposals more attention that they require.

Do you remember the first time?

Pupil barrister Scribbler encounters a litigant-in-person in action for the first time, and he sounds like a classic of the genre, issuing against multiple defendants ’so they could come to court to explain themselves’, regardless of whether they actually had much to do with the case.

Of course, it has to be said that there are people who conduct their own cases effectively and with considerable ability, but many are on a crusade for justice, ignoring the eminently sensible cautions set out by Jacquig at Bloody Relations (for family cases, but the general principles apply elsewhere), and all too often the lawyers on one side end up more or less managing the whole process. As barristers must recall with a sinking heart, they are expected to assist an opposing litigant-in-person in court (not of course in making their case, but in the conduct of it in court).

But in these days of shrinking availability of legal aid for many matters, and of extremely limited financial eligibility for it, the lawyer’s traditional attitude to litigants-in-person perhaps smacks too much of special pleading.

We tend to assume that access to justice means first of all access to lawyers. For many, many people, those not abjectly poor enough to get legal aid, not rich enough to afford a solicitor let alone a barrister, this will only raise a bitter laugh. If it isn’t suitable  for a CFA, then the only option is DIY. Access to justice firstly and properly means the opportunity to take one’s case to a court and I suspect we will see a lot more litigants-in-person, beyond their current  stamping grounds of the small claims courts, LVT and assorted tribunals.

[Edit 5/02/08. And now the sine qua non of the litigant-in-person, Heather Mills prepares for a five day High Court hearing in her divorce.]

Hope over experience

Surprising being undeterred by the experience of the first podcast I did with him, Charon QC has demonstrated a generosity of spirit, if a lack of judgement, in doing another. We talk about training contract experience, smaller firms, and the sisyphean labour of blogging..

You may find it mercifully brief, as I prove the rule that happiness is dull in the telling, while misery always gives good anecdote.

Thanks Ed

As Charon has picked up, Colin Samuels and Diane Levin, law bloggers and ’sherpas’ to the ever so anonymous editor of Blawg Review have asked for recognition of the editor’s achievement in building and sustaining the review.

As someone who has been the recipient of the editor’s tender ministrations (and the bountiful assistance of the sherpas), I’m happy to give a hear hear to the praise to the Ed.

Also congratulations to Colin Samuels for getting the Blawg Review of 2007 award. Hey, I voted for him.

Not the only housing blog in the village

Oh frabjious day. After many months ploughing a lonely furrow as the internet`s finest but only housing law blog, I am delighted to welcome another into the world. William Flack of Flack & co, who both comments on and features in posts hereabouts, has begun his own blog. I will be reading with enthusiasm. But William, nobody else can add comments at the moment…

[Edit. No disrespect intended to Tessa at Landlord Law, but, as the title suggests,  she focuses on Landlord & Tenant rather than broader housing law issues.]

To end the year - a meme


Thanks to Lex Scholasticus at Reductio ad Absurdum, I have been tagged with another blog meme thing. In a surprising bout of pre-new year generosity, I will both respond and entirely fail to tag anyone else.

I am called upon to list 8 things I want to happen in 2008. Only 8? I’ll try to keep them vaguely legally related, apart from the first, which is of pressing personal need, and the last, which is too much to hope for.

1. Cure the damn common cold. OK, I understand the nature of fast mutating viruses and why this is difficult. So couldn’t someone just come up with a symptom suppressor that actually worked?

2. Obviously, I want to qualify and get a post, preferably with a decent legal aid firm. Which leads on to…

3. The LSC and the MoJ finally get a clue and come up with workable proposals for legal aid reform.

4. The government actually pays attention to the Law Commission’s proposals on reforming housing law.

5. The great wig issue. Everybody wears them, nobody wears them, some people wear them, but not the judges, except for some judges who do. I’m past caring. Settle the horsehair one way or another - either gently on the the head or back in the tin.

6.  Somebody fixes the Administrative Court. When the judges are reaching for Magna Carta to express their frustration, there is a teeny problem. In fact, the County Courts could do with some help too.

7.  David Cameron shuts up about repealing the Human Rights Act. In fact David Cameron shuts up.

8.  As well as the usual: world peace, a sudden outbreak of tolerance and understanding, that sort of thing, I rather want a new Macbook and/or iMac, thanks.

Happy new year to all. Now where is that Lemsip…

Blawg Review Nominations

This year’s Blawg Review awards are apparently to be awarded to one Blawg on the basis of nominations from solely those who have hosted or are shortly to host a Blawg Review.

Having closely followed the instructions of the anonymous Ed of Blawg Review, Nearly Legal’s nominations are based on marks for elegance and commitment, with bonus points for being based some distance to the east of most of the Blawg Reviewers.

And the nominations are, in no particular order:

Corporate Law UK for Review #116

Public Defender Stuff for Review #91

Lex Ferenda for Review #128

and Infamy or Praise for Review #137

To date, nobody has nominated Review #115. I blame declining standards in education.

amicitia reverto (sic)

So, Belle de Jure and Lawyer-2-be, although apparently tired of being respectively scandalously homophonic and hyphenated, are back. I somehow thought it was only a matter of time before one or both broke cover.

Now conjoined, although thankfully not declined, and newly latinate, their fresh venture, Reductio ad Absurdum, should be a blog for lawyers with a hinterland, always assuming there be such a thing.

For myself, I have no Latin, or indeed Classical Greek, the lack of which makes me neither proud nor ashamed. I could once, however, play the oboe and explain hermeneutics. Preferably not at the same time.

World famous round these parts

Nearly Legal has a comment piece in the Solicitors Journal. (No subscription needed for the next week). Fame, yes, fame at last. In an anonymous sort of way.

Blog ethics, vanishing archives and the future

The general bloggers’ view is honesty above all. You may have said something that turned out to be catastrophically wrong - fine. You admit this in a later post. You may have posted something deeply embarrassing - fine. You take the response on the chin and hopefully your honesty and grovelling wins out. Your blog ends up being something quite different from the way it started - fine. Your archives show the ‘journey’ (shudder).

I usually share this view. However, I am about to (or have already, depending on when you read this) delete some few posts from my public archive. Given that this is something I would normally sneer at, I thought a brief excuse-me might be in order. I can’t fully explain the reasons why, although they may become apparent shortly, but it is partly self-preservation. Nobody will miss the posts much or at all, they are generally the personal ones. A view naughty words may or may not go as well, depending on how bowdlerising I feel at the time. My apologies for any broken links to those kind enough to link.

I have also reached a small decision, a decisonette if you will, on the future of the blog. Call it weariness, call it lack of time, call it a failure of inspiration and enthusiasm, but I’m just not feeling the joy. So updates on this blog will be pretty much exclusively housing law or legal aid related from here on in and therefore intermittent, depending on what comes up.

The blog has been going for 18 months and 258 posts, (which is 14.333 often lengthy posts a month. No wonder the novel never got written). It is time to cut back and concentrate on where I can hopefully be useful. Still, if the mood takes me…

Oh what a tangled web…

[Edit. This was originally posted on Friday evening 16/11/07. Not that I'm getting all conspiratorial but it disappeared in the great site downtime and server change... There was also originally an image, which has vanished from the server and apparently was deleted (by me) on my home machine. So, albeit imageless, I defy the internet gods and post this again]

While Musharraf tries to overcome the rule of law by imprisoning all the lawyers and the Lord Chief Justice pleads, probably in vain, for a genuine discussion of prison policy, Nearly Legal’s scarce free moments today have been largely consumed by the ramifications of the posturing of a small ex-pop star.

NB: What follows is based on a cursory acquaintance with copyright law, here and abroad. All corrections and clarifications from proper IP lawyers and international private law lawyers (looking at you, Martin) are welcomed.

The artist formerly known as Prince (hereinafter ‘ex-Prince’) won plaudits, even from Geeklawyer, for giving away his last album with a certain ‘newspaper’. From hero to zero, he then promptly employed the services of ‘Websheriff’, a copyright protection firm in the US, to get fan sites to take down copyright images. Not, in itself, a good move - threatening to sue your most ardent fans.

A largely British online community of mickey takers, b3ta (Not safe for work), promptly decided that Prince was the target of its weekly parodic photoshoparama.

Websheriff turned up and issued both b3ta and the individual posters with DCMA take down notices. After a few days b3ta pulled the forum pages, replacing them with, to anyone who knows the site, a very obviously ‘dictated by the other side’s lawyers’ statement.

Now bear with me, because this is where it gets complicated. The owners of b3ta, and most of the posters, are British and live in the UK. To that extent, they are not subject to US law. However i) the English courts will likely enforce a civil judgment of a US court, meaning that a prosecution in the US is a problem; and ii) b3ta’s servers are based in the US, meaning that the hosts are vulnerable to the after effects of a DCMA takedown notice.

Not complicated enough? Try this. English copyright law, as it stands, does not admit a defence of parody or satire under fair use. Under English law, then, the utterly parodic use of copyright imagery of ex-Prince may well fall foul of copyright law. But Websheriff used US law, specifically the DCMA. In US law, there is an established and well tested defence of parodic or satiric use. There is also a potential counter claim for a false take down request under the DCMA. (There is apparently some question over Websheriff’s legal ability to issue DCMA takedown notices - more on this to come if I can find anything).

So, b3ta’s position was probably stronger under US law than English law, but, as a very popular but not hugely wealthy site, it is not surprising that they declined to defend a US based case. They were also no doubt under considerable pressure from the US hosting company.

Of course, as a PR move, taking on a site like b3ta is a catastrophically stupid thing to do. That forum thread might have gone, but the ramifications will spread out far and wide across the interweb. Maybe involving googlebombs or mass infringement, the result will inevitably be the destruction of the ex-Prince’s reputation. It is likely that the ex-Prince will find himself facing an exponentially increasing bill from Websheriff for the service of destroying his public image.

Rumours of my demise…

… were entirely due to a technical hitch. Admittedly a walloping great big technical hitch which lasted 3 days and was only resolved by the site being moved a new server and the Domain Name Server records being updated. But as of 11.30 pm on Monday, the site is working again. What time you get to see it live once more depends on how slowly the new DNS information spreads around t’internet.

Still, the sense of panic, bewilderment and deprivation the 3 day outage instilled has set me wondering about little things like dependency, addiction and the whole quality of life issue…

By the way, if anyone emailed me between Friday night 16/11/07 and now you will probably have to send it again. Yes, email went as well.

[20/11/07 - and now comments are working again after some server level tweaking. Thanks for the tip off, John. Any other problems people come across, please let me  know, but it seems OK now.]

Legislation Search and RSS feeds

Thanks to Binary Law for the news that the OPSI Legislation search now comes with an RSS feed on searches for easy updates.

Unfortunately, having spent an evening wrestling with it, I’d damned if I can get specific search feeds to display on this blog. The feeds either aren’t recognised by the Wordpress plugins I’m using, or involve some not insignificant code hacking to display at all, albeit badly, on a separate page.

I’m going to spend some more time trying to sort this out, when I have time, but for now here are the links for search feeds on ‘Council Tenancies‘, ‘Social Housing‘, ‘Housing Associations‘, and ‘Landlord Tenant‘. Enjoy.

I now have trial bundles to prepare in a multi party claim that stretches back over 3 years. I may be silent for some time. Or longer.

Simply the Best

I don’t do memes. In fact I am something of a Darwinian nightmare environment for memes, they land in this blog and, right there and then, reproduction ends. This might suggest why I’m not doing family law.

However, having been kindly been tagged by both Charon QC and Binary Law with the ‘your current 10 best law blogs’ meme recently started by the ever so anonymous Ed. of Blawg Review, I am going to abandon the rule of a lifetime and join in.

Why? Because this meme, plus a potential post I was mulling over, provisionally entitled ‘Damn, We’re good’, together with a post on ‘the social blog‘ by Binary Law and another on Binary Law on ‘Where are we now‘ have all come together in one great big symphony of synchronicity. It is time to celebrate Brit Blawgs.

My tentative hypothesis is that UK blawgs are hitting a tipping point or maybe entering quite a new space. Not because there are suddenly many more of them, although numbers are slowly increasing, but because a lot more people/lawyers are reading them, commenting on them and taking them seriously as forums. What follows is my anecdotal evidence for this conclusion, scattered with links to the obligatory ten personal recommendations.

Item: In the last six months, this ‘umble blog has had comments and moreover discussion from, in no particular order: Paralegals, QCs, specialist solicitors, members of Fathers 4 justice, junior barristers, assorted ‘non-legal’ individuals, JPs, trainee solicitors, BVC and LPC students, pupil barristers and a shadow Minister.

Significantly, most of the commentors are not themselves bloggers. Please believe this is not said to blow my own trumpet, but considering that this is a blog by a (now) trainee solicitor which only began in June 2006, I am astonished not only by who reads or encounters this blog, but by the frequency and quality of comment. For heavens’ sake, I focus on housing law, this is not generally considered sexy. When I started blogging, I had no idea who the readers would be, but I suspected they would be limited. I presume I was not alone in this. I have certainly been guilty of assuming that the majority of readers came from a fairly closed circle of UK blawgs and their readers, but the last few months have been an eye opener in that regard. To generalise from my experience, we may not get huge traffic, but we do get very ‘interested’ traffic and to that extent UK blawgs are increasingly punching above their apparent weight in terms of visitor numbers.

Item: Specialist knowledge and contacts produce results, to be sure, but Charon QC’s remarkable recent series of podcasts with the major players in English legal education and training, including those who actually refused interviews to the BBC, shows not just access, but that his is a forum with influence. Once one had taken part, the others wanted to have their say, and the result is impressive.

Item: Specialist blawgs are on the increase. Admittedly only in certain areas, but as well as the international law focussed ‘Conflict of Laws’ and the high quality IP blawgs like Impact and IPKat that have been with us for a while, there is a significant cluster of very good new family law blawgs, like Bloody Relations, Pink Tape and Clarendon Chambers, the latter being a newcomer from a specialist Chambers. John Bolch at Family Lore, who was producing a quality blog all alone in the field for some time, has generously kept a record of the incomers from solicitors, barristers and chambers. These are very different but all excellent blawgs. Employment law has a marvellous exemplar in PJH. The anonymous Free Movement runs an impressive Immigration blawg. Tessa Shepperson has always interesting commentary on landlord and tenant law at landlordlawblog.

True enough, specialist substantive law or practice blawgs are still limited in number and area, but they are spreading and this can only be a good thing.

Item: Blawgs may come and go, posts may be of varying frequency, but the range of current blawgers makes the UK scene both unique and in literally rude health. What other jurisdiction could boast a Criminal QC writing as a Victorian maiden, sharing a blog with a biker solicitor advocate (Ruthieslaw)? Where else would you find a (completely different) Criminal QC taking such care and thought over advising and assisting wannabe barristers (Pupillage and how to get it)? I feel confident in saying that no other country’s legal blogs contain such filth, fury, humour both black and gentle, and striking generosity. The generosity is marked both in the openness to comment and in the open provision of specialist knowledge, often done anonymously so that no personal or professional gain is involved.

Yes, we have a long and probably very gradual way to go in the UK, but I sense that a certain point has been passed. The idea of a law blog is still unusual, but no longer unthinkable. More people read us than we think and more seriously than perhaps we suspect. The idea is taking hold and well on its way to being unexceptional.

If I can have one more than 10 recommendations, then from (just) outside the UK is Cearta.ie. Truly excellent.

And to the many Brit Blawgs not mentioned above, I read and enjoy a shedload of blawgs, but I was trying to make a point, dammit. Don’t go all huffy on me. This disclaimer does not apply to the usual suspects already mentioned by others, whose egos have been thoroughly pandered to - just accept not having to be mentioned as tribute to your ubiquity.

We few(er)…

I was running through my blawg roll (on the right) earlier and realised I’d have to have a bit of a prune. Anything with no posts since May goes out, I thought.

Courtesy of of Beauteous Babe, Flickr.Blimey, a few surprises there. I’d put some silences down to it (technically) being summer, but it seems that there has been a self induced purge. So, a quick taxonomy of the disparu et perdu (with examples but without links for obvious reasons):

Ran out of vim - just stopped posting for no apparent reason and without so much as a goodbye, leaving a ghost blawg.

Croslandite Barrister, James Medhurst, Outside the Law, Terminological Inexactitudes [Edit 26/08/07 - Apparently not dead, but being mysterious], ukblawgers.

Folded their tents in the night - hang on, there used to be a blawg there! What happened?

The former Legal Scribbles. PSLBlog. [Edit 24/08/07 - PSLblog is alive and well - I missed the address change. The new address is on the right. Thanks Nick.]

The ‘I’m going to post more often, honest’ last post - the clear deathknell.

Civil Litigation and Liability Watch, James Medhurst, Law Apprentice.

A bit of a mystery (and hopefully wrong).

Lawyer-2-be (and also her shiny new blog the-pupil), Belle de Jure. Both (or all three) recently just completely vanished. [Edit 25/08/07 - both are confirmed as gone by choice.]

I’ve not counted much of the coming and going of student blawgs, as transience is arguably in their nature, and there have been some quality newcomers as well, particularly in family law. But that is quite a few interesting and entertaining blawgs down the pan.

McGonagall

Corporate Blawg’s Blawg Review is up. I believe the word that I am groping for is “awe”, possibly “shock” as well, but definitely mostly awe.

[For anyone bewildered by the title of this post, enlightenment may be found here]

UK ’surprisingly interesting’ shock

There I was, coasting along in a post-blawg review Euro Dragonsmugness, when this post on Appellate Law & Practice popped up as an inbound link:

There is a Blawg Review going on at Nearly Legal. The guy is a Brit, but he says a lot of interesting things about criminal procedure and enforcement of judgments in the dark continent of Europe, where dragons dwell.

I adore that. If I can figure out how to have different blog taglines depending on the geographic origin of the browser, “A Brit, but says interesting things” would greet every US reader, credited to Appellate Law, American, but sometimes amusing ;-)

Blawg Review #115

Welcome to Nearly Legal. I’m delighted to be hosting Blawg Review for my first time and in the UK for the second time. What follows is the best of recent Law blog posts, as heavily filtered through the pre-occupations of an english, publicly-funded civil litigator.

Gin LaneReaders from outside the UK may have noticed that we’ve just had a spot of bother with car bombs (A Stitch in Haste did). I’m a Londoner, home and work, and, while I generally prefer people not to try to blow up bits of the city, I was heartened to note the way in which the two London attempts were stopped. Britain, or at least England, is obsessed with traffic regulations and binge drinking, these being generally viewed as bad things. One bomb attempt was prevented as a result of inebriates staggering out of a nightclub, the other by the car being towed away for illegal parking. To the drunkards and parking wardens of London, I’m proud of you.

As evidence of those obsessions, traffic offences also featured this week in an appeal to the European Court of Human Rights, as breaching the right to non-self incrimination. Geeklawyer was disappointed in the result. Binge drinking is still legal, but as le plus bon de viveurs Charon QC notes, even those of us who politely get through a bottle of wine or several per evening in our own homes are officially frowned upon. And as of today, smoking in public places is banned in England, which is bit harsh on those feeling nervous at the moment.

The UK also has a spanking new Prime Minister and a changed cabinet, including the Lord Chancellor and Attorney General. Head of Legal considers the changes while Prisonlawinsideout has some suggestions for the new Lord Chancellor, as does Simon Myerson for the Attorney-General. Belle de Jure sees historical echoes in the hand-over. Lexblog discovers that our new foreign secretary is a blogger. British politicians are catching on to blogging. For instance, and much to my surprise, the Opposition Minister for Constitutional Affairs has left comments on Nearly Legal.

The existing anti-terrorism legislation will no doubt be re-visited, although hopefully it may be that the new regime approach matters rather differently to the previous Government, about which Lawyer-2-Be has become dismayed. But this is hardly just a UK issue. Instapundit notes Judge Posner’s extraordinary view that criminal law can’t respond to terrorism, suggesting secret trials for terrorists to a scandalised audience of Australian lawyers. On the other hand, it seems that the US Supreme Court may be on its way to disgreeing - The Volokh Conspiracy and Scotusblog (and 2) comment on Boumedienne and Al Odah, the Guantanamo cases, now up for review. Of course, there are also those who appear to believe themselves to be outside the law - The Right Coast examines Dick Cheney’s claim to be of neither the executive nor legislature.

Not that things don’t get fraught inside the criminal justice systems. In the US, Defending Those People considers how offensive the defense lawyer should be, while A Public Defender notes an interesting judgment from the Minnesota Supreme Court on post-sentence self-incrimination and Prosecutor Post-Script is worried about a database of informers, both of which are quite jaw-dropping from a UK perspective. In the UK, Legal Beagle questions the value of yet more admin for Counsel in the shape of Plea and Sentence Forms. Despite all this, defenders get to sleep at night according to Public Defender Stuff.

While we are crossing jurisdictions, Tax Prof Blog records an English Court’s refusal to allow the extradition to the US of UK citizens because of the conduct of the US prosecutor. As the WSJ law blog points out, this was under an extradition treaty that many in the UK are not happy about, largely on the basis that there is no reciprocity and it bypasses the need for even a prima facie case to be made. Apparently the same US prosecutor is involved in the KPMG tax avoidance case which Sox First fears is close to collapse. Ooops. Still, at least enforcing US civil judgments in France is getting easier, according to Conflict of Laws. However, while moving the money from one country to another is easier, moving people is getting harder - Free Movement writes on the difficulties of proving a marriage for UK immigration purposes.

There have been some odd trans-atlantic synchronicities lately. The racial make up of juries in New York concerns Personal Injury Law Blog, and a recent UK study on the same topic is considered by Publawyer. The problem of schools becoming increasingly divided by race and income is also a hot topic here, but thankfully the UK does not have the laws, history or symbolism that make the recent US Supreme Court decision such an issue. Balkinisation comments, as does Is That Legal among many others.

Judicial underpantsAnother cross pond co-incidence concerns judicial nether regions. The US has the case of the Judge’s missing trousers, WSJ, while we had the extraordinary sight of an Appeal Court Judge displaying his underpants in court, and explaining how he removes them, in order to defend his decency and modesty. Head of Legal, The Magistrate’s blog and Martin George on the briefs in question.

Globally, it appears that restaurants are now the unlikely movers of cutting edge law. In the old days, if you annoyed restaurant staff, they’d just spit in your food, now they sue you. But in Australia, a restaurant review has been found to be defamatory - Legal Soapbox and Certa.ie try to digest the news. In the US, a rival restaurant is sued for breach of IP, Concurring Opinions and Madisonian net get stuck in. Whilst on IP, the music industry continues to be troubled. In the US, the RIAA’s enforcement methods may be illegal says Techdirt, and in the UK music industry figures admit their business model is doomed, Geeklawyer sympathises, a little bit.

Before we were so rudely interrupted by badly parked Mercedes, this review was going to have quite a different form. Suffice it to say that we’ve still managed to trot through Life and Liberty, with a detour through property rights, which only leaves the Pursuit of Happiness. And for lawyers this pursuit appears to be particularly challenging. The public have good reason to hate us - Quizlaw. We’re emotional wrecks - WSJ. We’re losing our passion for the law - PT-Lawmom and if you’re looking at big law, your career is up the spout - The BLS Blog.

Personally, I now know I will never be happy until I’m told exactly what is the legal height for a dwarf. Thanks a lot, Human Wreckage.

Happy forthcoming Independence Day to US readers, if you feel capable of happiness, and to the rest of us, pull your socks up and stop grumbling.

Next week Blawg Review is down to be hosted by the chubbier, wealthier, fellow British Blawger Corporate Blawg UK. In the interim, may I commend to you the delightful British and Irish Law blogs to be found in the list on the right.

Blawg Review has information about next week’s host, and instructions how to get your blawg posts reviewed in upcoming issues.

Submit to me…

Nearly Legal is hosting Blawg Review #115, due out this coming Monday 2 July. The Blawg Review is a weekly travelling round up of the best of the recent blawg posts (or whatever has caught the eye of the host).

Anybody who would like to recommed a blawg post, of their own or by someone else, is more than welcome to do so. It would certainly make my job easier and possibly more crazed with power.

Guidelines and the submission form are at

http://blawgreview.blogspot.com/2005/03/submission-guidelines.html 

The Editor of Blawg Review asks that submissions are made via this page, rather than direct to me, so that if Nearly Legal goes under a bus on Saturday, the proud line of reviews can march on regardless.

Of course, anyone contemplating bribery or wishing to engage in corruption is welcome to contact me directly.

England expects..?

A while ago, I put myself down to write one of the weekly Blawg Reviews, as did Corporate Blawg. I thought no more about it.

The Blawg Review is largely US based, that being where there are most Law blogs. What hadn’t occurred to me was that between us, Corporate and I had effectively kidnapped the Fourth of July. I’m on 2 July, Corporate is on 9 July.

Now the Blawg Review editor has noticed that Brits will be doing the hosting over the Independence Day period and, invoking Paul Revere, has thrown down the gauntlet, adding:

And we’re sure there are even more barristers and solicitors blogging across the pond who will join us in celebrating the best of the legal blogosphere.

So, the stakes have been raised and we may need to put on a good show. Of course, we Brit blawgers are just generally wonderful, but if anybody has any particularly fabulous posts in draft, posting them in the period after 25 June would be appreciated…

Justin Patten at Human Law was the first Brit to host a Blawg Review and now Charon QC has been invited to host in January. Soon the world will be ours.

Now we are One.

Looking back in the archive for an old post, I realise to my astonishment that this blog is one year old. Granted, the years do whip past more rapidly as there are fewer of them left, but blimey, where did that one go?

One answer to where that one went is 165 posts. That’s more than one every three days, not including holidays. I begin to see what Charon QC meant when he described Nearly Legal as ‘a prolific blogger’. I really must get out more.

But it has been quite a year, both personally and for UK legal blogs.

The events of Nearly Legal’s year are all there in the archive. One of the benefits of a backup digital memory being no need to reminisce at length, I’ll say no more about it.

This blog seems to have started up at what was apparently the tipping point for a lot of people, as pretty large numbers of legal blogs began appearing soon afterwards. A lot of student blawgs, yes, but also some barristers, some fewer solicitors and a very few firms, the PJH and  Impact blogs most notably. Of course, I claim the credit for all this. Apres moi, la deluge.

The success of Lawblog 2007, despite my absence, is an indicator that, although still pretty far from mainstream, this is a rapidly developing and expanding field. Whether the happy communality of the present will continue into an expanded and no doubt specialised future is, of course, doubtful. But I hope it does.

And for the next year of Nearly Legal? That is far too forward thinking. For the time being, I’ll stagger on and see what happens. Much like the legal system at present.

Circular allusions and problems with names.

Via Lawyer-2-be (whose name has apparently been lifted by The Lawyer for its student site, alas), I discovered the gloriously named blog Belle de Jure.

Apparently by an off-duty academic lawyer, it’s off to an entertaining start.

According to a recent post, we are to believe that the name was coined without reference to or knowledge of a certain well known blog to book writer of recent times, whom, in the circular nature of things, I mentioned way back when in the context of a discussion of anonymous blogging, a topic which is currently also troubling Belle de Jure.

Happy to though I am to believe that no reference to the London based courtesan/écrivain of negotiable virtue was intended, surely the Buñuel/Deneuve classic cannot have been overlooked?

MarianneDeneuve, of course, went on to be a model for Marianne, the spirit of the French Republic and thus the rule of Law over Royal despots. Judging by Belle de Jure’s link list, that may be a more acceptable allusion.

Blawgfest 2007, bon chance…

Despite having been thoroughly up for it, one of the side effects of my new found traineeship-ness is that I can’t go to the UK Legal Blawg Conference, organised by Geeklawyer and Ruthie, on 18th May as I’m being inescapably trained.

It looks like a good and interesting time should be had by all. I hope it goes marvellously well and look forward to indiscretions galore afterwards. Any leftover Rioja (fat chance) can be sent my way.

Geeklawyer - make it an annual shindig. Go on, you know you want to.

A Public Apology…

… to Oliver Heald MP, Shadow Secretary of State for Constitutional Affairs.

Four posts ago, I wrote a distinctly sceptical response to a comment from Oliver Heald on my post about the report of the Consitutional Affairs Committee on the legal aid reforms. In that response, I a) doubted it came from Oliver Heald in person, b) suggested it was an example of developments in party campaigning and c) doubted I’d get any response.

In what is, in the circumstances, a distinctly good humoured and reasonable reply, Oliver Heald today commented on that post as follows:

I personally posted some comments on a few blogs after the Select Committee report. This was not to recruit new voters - although they are always welcome - but to give support to legal aid lawyers so they know their concerns are being heard. Blogs are very useful in campaigning , as I discovered when we were battling against the Legislative and Regulatory Reform Bill last year.

At Parliament, we are continually raising the legal aid issue.

Oliver Heald MP

Damn. That is me bang to rights.

In mitigation, I can only say that it struck me as highly unlikely that my readership, august