5 minute read
BOOK REVIEW
Let us realise that the privilege to work is a gift, the power to work is a blessing, the love of work is success.
David O'Mackay
Colin Passmore will need no introduction to the readers of this magazine. Former senior partner of Simmons & Simmons, recipient of the City of London Law Society (CLLS) Lifetime Achievement Award in 2021 and now Chair of the CLLS, his list of accomplishments would not only take up more than the entire word count of this article, it would doubtless fill the entire magazine.
Colin is passionate (and that is an understatement) about all things to do with the law, specifically concerning the City. He is a huge advocate for fairness and equality and works relentlessly to bring issues - such as mental health - to the fore. Indeed, the theme for this issue was very much at his instigation.
It is somewhat ironic, therefore, that a man who is so supportive of switching off rarely does so himself. In fact, one of the ways Colin has spent his spare time over the past 18 years is by writing and then rewriting a big fat tome on the subject of privilege.
‘Privilege’ published by Sweet and Maxwell in October 2024, is now in its 5th edition and is available as a printed version and an e-book.
Colin started on the first edition in 1998. This epic journey began almost by accident. Colin recalls going to a conference with counsel and realising he didn’t really understand the law of privilege as he had received no tuition in it. He mentioned to a publisher what a pity it was there was no dedicated text book on the subject as he was sure practitioners would benefit - and he was challenged to write one himself.
Colin imagined he would write about 30 pages. The first edition was actually 288 pages. And the latest 1471.
Bearing in mind, Colin was writing all this around his day job, this involved making time when he was on a train, or late at night before going to sleep, or while waiting at airports. Each time an edition was completed, Colin admits to feeling well and truly done with it and having no desire to do another one. But because privilege is an area of the law that produces literally hundreds of cases each year, not just in the UK but also in other common law jurisdictions, and many of these are of interest and persuasive authority, it really had to be an iterative process rather than a one hit wonder. Quite a mammoth task.
The editions came out in 1998, 2006, 2013, 2019 and 2024 - each edition a year quicker than the previous one - and considerably longer every time. What began as a challenge turned into what others would consider a full time task. Colin has achieved a certain level of ‘notoriety’ in the field and is often cited by the Courts and lectures on the subject also.
Colin imagined he would write about 30 pages. The first edition was actually 288 pages. And the latest 1471.
Colin has promised himself that the 5th edition will be his last as author but he has promoted himself to Editor In Chief and has a team of around 10 lawyers who will produce the next edition in the hope that it not only survives but thrives. Considering privilege is a concept that was invented in the 15th century, one would have thought the area of law concerning it would be well and truly settled by now but it isn’t - which is why Colin’s book is an essential.
“It is a book that is principally for litigators because privilege is something that will normally arise during the course of a dispute or regulatory investigation. But I am increasingly seeing transactional lawyers wanting to have a better understanding of the subject because they are the ones often whose transactions may give rise to a dispute, for whatever reason ,and then litigators need to look at all the communications to decide which are privileged. The great beauty of privilege is when a lawyer gives advice, those communications are completely sacrosanct, This is in contrast to all other professional relationships be it with an accountant, auditor, quantity surveyor, doctor even a priest, all those communications can be opened up with the benefit of a court order but legal communication cannot. It is a very powerful and jealously guarded right that only belongs to clients of the legal profession.”
It is extraordinary to think that such an enormous body of work was done almost as a hobby. Colin says that far from draining him, work - and anything to do with the law - energises him and whilst all the many different challenges he takes on can be very demanding, he loves getting involved in all things legal (read that how you will) and being among lawyers. One lesson he has learned over the years though is that instead of struggling with something at 2am, it is better to get a good night’s sleep and tackle it when you are refreshed.
When pushed, Colin confesses to having some interests outside of work. He switches off by cycling, his preferred method of keeping fit. He also loves to travel. When we spoke Colin had just returned from a long weekend in “his favourite country”, Italy, where he indulged in another of his pleasures, the Arts, with a visit to Leonardo’s Last Supper in Milan and also to the Egyptian Museum in Turin. I did not probe as to whether the trip involved business as I suspected the answer might well be yes.
‘Privilege’ is available from Wildy & Sons Ltd, both in store and online. ■
