Book Review: Lawyers Then and Now

It was Sir Robert Megarry FBA PC who, with his life-long interest in the detail of the law, authored Miscellany-at-law (1955), Arabinesque-at-law (1969), Inns Ancient and Modern (1972), A Second Miscellany-at-Law (1973) and A New Miscellany-At-Law (2005).

At Cambridge, Sir Robert was the recipient of a third class degree in that his focus had been on music, football, tennis and even the obtaining of a pilot’s licence. His ‘miscellany’ books are, perhaps, indicative of the personality of Sir Robert. The 2005 book was his last before his death in October 2006.

The Honourable Keith Mason AC refers to Sir Robert’s series in his preface to Lawyers Then and Now and modestly states that Megarry set standards of scholarship and literary verve that could not be emulated. Mason also refers to many years of conversations with Leslie Katz; Katz, himself, being known for his interesting legal articles on matters as diverse as Conan Doyle and Dickens.

In this 2012 publication, Mason, for example, states: “For judges, long years of sitting literally on a pedestal where counsel invariably laugh outwardly at one’s jokes are poor training grounds for humility and frank self-assessment”.

Lawyers Then and Now is an interesting and entertaining book. It is a combination of light-hearted legal history and the author’s broad experiences of a life ‘in the law’. Graduating from the University of Sydney in 1970, Mason was admitted as a solicitor before commencing at the Bar in 1972. He was appointed as a QC in 1981 and held office as the Solicitor-General of New South Wales from 1987 to 1997. Mason concluded his time as President of the Court of Appeal in 2008 and is currently a visiting professorial fellow at the University of New South Wales. The book also ‘reflects’ the broad and significant group of legal-related persons who provided stories and assistance to His Honour, as referred to in the preface.

The author’s interest in legal history is displayed throughout, with appropriate context provided for each entertaining anecdote. The contents of the work are divided into four general parts: “beginnings”, “people of the law”, “law and the wider world” and “epilogue”.

In addition to the frequent humorous legal ‘exchanges’, the author has managed to incorporate a significant amount of historical background into the text, appropriately expanding upon what might otherwise be bare stories. Using this methodology, the book has a fluent ‘manner’ in articulating what might otherwise be dry historical occurrences within the law.

His Honour expounds confidently in the book upon many matters that could be said to be controversial. For example, at page 142, Mason refers to “a growing list of … QC imposters” being former superior court judges now retired who continue to use the post-nominal.

As the book is read, the reader gains a consciousness of the depth of knowledge contained from which the book has been drawn. This work is an interesting balance to other rigorous publications by Mason, such as Mason & Carter’s Restitution Law in Australia.

This text has more substance and detail than the title suggests. It is well referenced and answers questions about matters which are of importance in terms of understanding the Australian legal system today.

Lawyers Then and Now is an easy read for anyone with an interest in the law.

Dominic Katter

Chambers

15 March 2013