Reflections on a Legal Career

Total Page:16

File Type:pdf, Size:1020Kb

Reflections on a Legal Career Reflections on a legal career Simon Howell, who has recently stepped down from the CSCC’s Executive Committee, takes a personal look at the way the legal profession and charity law have changed over the last 50 years. It all started in the autumn of 1966, when I passed through the except it was pretty noisy. It soon became clear that I was not doors of Witham Weld at the beginning of my legal career. As I his ideal articled clerk, and I subsequently spent the rest of my had no relations in the law, I asked around and found out that articles with an experienced managing clerk and another the father of one of my school friends was a barrister. I went to partner doing mostly conveyancing, and I have managed to see him, and his wife told me to become a solicitor as “all our spend most of my legal career doing property-related work. solicitor friends are much better off than we are”. The years passed slowly but eventually, after another year at the At my interview with the Senior Partner he mentioned something College of Law in Guildford, I passed the Law Society Finals about doing a lot of work for the Church, which did not mean and qualified in November 1971. At the same time my interest very much to me at the time, as I was more interested in in Catholicism had progressed to the stage where at Easter whether I was going to be offered a job or not. Since leaving 1971 I was received into the Church in Woking, having spent school with 3 A levels I had had various temporary jobs, nearly a year with one-to-one instruction from the curate, a including working in a Wimpy Bar in Guildford which was former oil executive and much travelled businessman who had frequented by students of what became the College of Law. I studied at the Beda. His fondness in moderation for whisky and did not like cooking burgers all day, and the students seemed a cigars impressed me, and we had very jolly chats in the nice bunch, so I investigated how one became a lawyer, and in evenings in his presbytery. particular a solicitor. The other two priests in the parish were both Irish, and viewed my interest in the Church with some curiosity. In those days Articles there was still a large preponderance of Irish clergy in most In those days, the Law Society still accepted prospective articled parishes, which contrasted with the typical Oxbridge-educated clerks with A levels, but one had to pass the Part 1 exams Anglican clergy I had come across in my school days. which were regarded as a substitute for a Law degree. The year I spent at the newly-opened Braboeuf Manor in Guildford for The partners of Witham Weld were on the whole very friendly my Part 1 studies was the most interesting and pleasant part of to me when I qualified, and indicated that in due course I my articles. However I soon had to return to London to might aspire to partnership. Unlike Henry lV of France, though, continue with my five years of articles in the office. I did not feel that I should use my newly-acquired Catholicism to secure promotion in a Catholic firm, and decided to look In those days there was no formal system of seats or rotation of elsewhere. I received an offer from Arnold Fooks Chadwick learning in articles. You just took pot luck as to where and with who were expressly looking for someone to do Catholic work, whom you sat. In my case I spent the first week sitting in the so I thought this was clearly meant to be. Senior Partner’s room doing some filing and sorting out share certificates, after which he very politely suggested that I might like to go and sit with one of his junior partners. This was in an A Catholic perspective even older building a few doors down the road, with limited I learned a lot in my five years with Witham Weld, both as to heating but an abundance of brown linoleum. how a solicitor practised and also how the Catholic Church was constituted in this country under civil as opposed to canon I still had little idea that the reference to ‘church work’ in fact law. I do remember Mr Kelleher trying to explain to me about meant the Roman Catholic Church, that many of the staff and Voluntary Schools, their status and land ownership, which was partners were Catholic, and that I was probably the token all new to me, but I was to come across them many times at Protestant among the articled clerks, although religion was not later stages. I was also introduced to the obscure workings of then uppermost in my mind. The offices were almost opposite settled land estates, as at least two large such estates were Westminster Cathedral, and virtually next door to the Catholic clients of the firm. Truth Society. As the months turned into years, I found myself exploring both establishments out of a mixture of curiosity and Indeed, one time I was asked as an articled clerk to act as a boredom, particularly at lunchtime. messenger for the firm and take an urgent document dealing with such an estate to the life tenant, a noble Duke, and obtain The partner I found myself working with was a particularly his signature. I duly caught a train to Surrey where he was volatile character whose main interest seemed to be the staying, and proudly announced at the front door that I had an relatively new use of computers in solicitors’ offices, and he appointment. Waiting patiently while His Grace looked at the was very active in a society formed for that purpose. Whether document, my heart sank when he asked me to explain in his enthusiasm was shared by all his partners I somewhat more detail what the document was all about. I replied that if doubt, bearing in mind that this was the late 1960s and His Grace would look at the beginning of the document he professional offices were still very traditional, consisting more of would see his name along with the settlement trustees, and if wire baskets and coat stands, and even letter books, than he looked further down he would see several clauses which microchips. In his room he had a very early punched card continued on page 9 computer, but what exactly it did all day I never found out, 8 ‘One important matter in the 1990s was the question of the Model Trust Deeds for Catholic Religious Orders. The Conference of Solicitors for Catholic Charities took the matter up with the Charity Commission, who agreed to make model schemes for those Orders who requested them.’ described the background to the transaction, and he would I spent the next 27 years at Ellis Wood, and while I progressed then come to the words; Now This Deed Witnesseth which was up the ladder, the firm shrank from about 20 partners in 1976 the really important part. If he would kindly turn to the end of to only three in 2003. During that time we moved from St the document he would see his name again, and if he would Andrew’s Hill in the City of London just south of St Paul’s to please sign there, I could witness his signature and catch the Hatton Garden, where we signed a 20 year lease. next train back to London, as I knew my principal was very Unfortunately, we were caught by the high rents of the early anxious to have the signed document as soon as possible. 80s and nearly wiped out in the following recession. What Whether I then left walking backwards out of the room I cannot saved us to some extent were the 1992 and 1993 Charities remember, except that I was very happy to be outside and Acts which encouraged charities and their lawyers to look walking back to the station. closely at how charities were run, and maybe make changes to their constitutions. Having left Witham Weld I spent the next four years in Bolton Street Piccadilly near Green Park, on the other side of Victoria from St George’s Square, and I learnt a lot from working Model Trust Deeds closely with the then senior partner Leonard Pardoe. He had One important matter in the 1990s was the question of the just lost his main Diocesan client, he informed me on my first Model Trust Deeds for Catholic Religious Orders, which in most morning and then asked me if I still wished to work for him. I cases restricted the work of such charities to England and replied that I thought it was a bit late to tell me, as I had no Wales. In practice, of course, such Orders were parts of other job and needed to work, so could we please keep to our international organisations, and needed to be able to transfer agreement. funds abroad. This particularly applied where such Orders ceased to have a solely English and Welsh province, but were either part of a larger province or governed direct from, say, Property Rome. The Conference of Solicitors for Catholic Charities took Mr Pardoe still had a lot of other Catholic clients, mainly the matter up with the Charity Commission, who agreed to convents, who were advised by Philip Jukes, a cousin of a make model schemes for those Orders who requested them, Bishop in Southwark.
Recommended publications
  • Prayers for Nation's Newest Priest
    POPE BENEDICT XVI calls for peace Members of SC OTLAND’S HIERARCHY speak in Syria and throughout the world in directly to their priests in their homilies his Urbi et Orbi message on at annual Chrism Masses throughout Easter Sunday Page 9 the country. Pa ges 12-13 No 5462 www.sconews.co.uk Friday April 13 2012 | £1 Prayers for nation’s newest priest I Critically ill Fr Graham Turner was ordained on Easter Monday from his hospital bed by Cardinal O’Brien By SCO reporters SCOTLAND’S newest priest was ordained at short notice on Easter Monday at a Greater Manchester hospital after his treatment for leukaemia failed. Fr Graham Turner’s ordination was postponed last June after he was diagnosed and doctors began aggressive treatment. When Cardinal Keith O’Brien heard during Holy Week that the prognosis was bleak for the critically ill deacon of St Mary’s Cathedral in Edinburgh, he appealed for prayers at the Chrism Mass and plans to ordain him for St Andrews and Edinburgh Archdiocese were revived. Despite the deacon’s physical frailty, he was ordained by Cardinal O’Brien at 2pm on Monday in the chapel at Salford Royal in the presence of Mgr Michael Regan, St Mary’s Cathedral admin- istrator and Fr Turner’s parish priest, Mgr Rod Strange, Rector of the Pontifical Beda College in Rome, Fr Turner’s parents George and Marilyn, brother, Ian, sister, Sue, and clergy friends from Salford Diocese and St Andrews and Edinburgh Archdiocese. Terrible news then hope The renewed plans for the ordination got under- way after Deacon Turner’s father contacted Car- dinal O’Brien during Holy Week with the news that his treatment had failed and that nothing more could be medically done to help him.
    [Show full text]
  • DIOCESE of EAST ANGLIA (Province of Westminster) Charity No
    DIOCESE OF EAST ANGLIA (Province of Westminster) Charity No. 278742 Website: www.rcdea.org.uk Twinned with The Latin Patriarchate of Jerusalem & The Apostolic Prefecture of Battambang, Cambodia PATRONS OF THE DIOCESE Our Lady of Walsingham, 24th September St Felix, 8th March St Edmund, 20th November St Etheldreda, 23rd June BISHOP Rt. Rev. Alan Stephen Hopes BD AKC Bishop’s Residence: The White House, 21 Upgate, Poringland, Norwich, Norfolk NR14 7SH. Tel: (01508) 492202 Fax:(01508) 495358 Email: [email protected] Cover Illustration: The illustration on the front cover shows Pope Francis before the Holy Door to announce the Jubilee Year of Mercy (copyright: L’Osservatore Romano) Map of the Diocese.........................................................................................4 Foreword by the bishop..................................................................................5 Pope Francis reflects on the Jubilee Year of Mercy......................................7 Telephone Numbers........................................................................................9 Convents.......................................................................................................12 Schools.........................................................................................................13 Dates for your Diary.....................................................................................15 The Pope and National Hierarchy................................................................17 The Diocese..................................................................................................20
    [Show full text]
  • Coidfoesec Gnatsaeailg
    DIOCESE OF EAST ANGLIA YEARBOOK & CALENDAR 2017 £3.00 EastAnglia2017YearbookFrontSection_Layout 1 22/11/2016 11:29 Page 1 1 DIOCESE OF EAST ANGLIA (Province of Westminster) Charity No. 278742 Website: www.rcdea.org.uk Twinned with The Latin Patriarchate of Jerusalem and The Apostolic Prefecture of Battambang, Cambodia PATRONS OF THE DIOCESE Our Lady of Walsingham, 24th September St Edmund, 20th November St Felix, 8th March St Etheldreda, 23rd June BISHOP Rt Rev Alan Stephen Hopes BD AKC Bishop’s Residence: The White House, 21 Upgate, Poringland, Norwich, Norfolk NR14 7SH. Tel: (01508) 492202 Fax:(01508) 495358 Email: [email protected] Website: www.rcdea.org.uk Cover Illustration: Bishop Alan Hopes has an audience with Pope Francis during a Diocesan pilgrimage to Rome in June 2016 EastAnglia2017YearbookFrontSection_Layout 1 22/11/2016 11:29 Page 2 2 Contents CONTENTS Bishop’s Foreword........................................................................................ 5 Diocese of East Anglia Contacts................................................................. 7 Key Diary Dates 2017.................................................................................. 14 Pope Francis................................................................................................ 15 Catholic Church in England and Wales..................................................... 15 Diocese of East Anglia................................................................................ 19 Departments......................................................................
    [Show full text]
  • Yearbook 2018
    DIOCESE OF EAST ANGLIA YEARBOOK & CALENDAR 2018 £3.00 (-0#"- -&"%*/(*//07"5*0/-0$"--: '30.%&4,50145013*/5300.4 504)*#")"7&5)&%&7*$&45)"5 */$3&"4&130%6$5*7*5:"/%4"7&.0/&: 8&"-404611-:*/, 50/&3$0/46."#-&4 '03"/:.",&0'13*/5&303$01*&3 'PS'3&&JNQBSUJBMBEWJDFPSBDPNQFUJUJWFQSJDF JOGP!VOJRVFPGGJDFTZTUFNT XXXVOJRVFPGGJDFTZTUFNT )FBE0GåDF$IJHCPSPVHISPBE .BMEPO &TTFY $.3& 1 DIOCESE OF EAST ANGLIA (Province of Westminster) Charity No. 278742 Website: www.rcdea.org.uk Twinned with The Latin Patriarchate of Jerusalem and The Apostolic Prefecture of Battambang, Cambodia PATRONS OF THE DIOCESE Our Lady of Walsingham, September 24 St Edmund, November 20 St Felix, March 8 St Etheldreda, June 23 BISHOP Rt Rev Alan Stephen Hopes BD AKC Bishop’s Residence: The White House, 21 Upgate, Poringland, Norwich, Norfolk NR14 7SH. Tel: (01508) 492202 Fax:(01508) 495358 Email: [email protected] Website: www.rcdea.org.uk Cover Illustration: Bishop Alan with children from Our Lady Star of the Sea in Lowestoft. 2 Contents CONTENTS Map of the Diocese of East Anglia............................................................. 4 Bishop Alan’s Foreword.............................................................................. 5 Diocese of East Anglia Contacts................................................................ 7 Key Diary Dates 2018.................................................................................. 14 Pope Francis................................................................................................ 15 Catholic Church in England and
    [Show full text]
  • Solemn Mass of Installation
    SOLEMN MASS OF INSTALLATION AS THE ELEVENTH BISHOP OF SALFORD OF THE RIGHT REVEREND JOHN STANLEY KENNETH ARNOLD The Solemnity of the Immaculate Conception of The Blessed Virgin Mary Cathedral Church of Saint John the Evangelist, Salford Monday 8th December 2014 Welcome to SALFORD CATHEDRAL Please follow the directions of the stewards. Please ensure that all mobile phones and other electronic devices are switched off before the Mass begins. Thank you for your co-operation. The use of private cameras, video or sound recording equipment is strictly prohibited during the Mass. FRANCIS Bishop Servant of the Servants of God to our Venerable Brother, John Stanley Kenneth Arnold formerly titular Bishop of Lindisfarne and Auxiliary of Westminster, now Bishop designate of the Diocese of Salford, Health and Apostolic Benediction In order that particular churches may be ruled worthily and be administered by the best counsels, We, who exercise the Petrine office, are solicitous to designate an experienced shepherd to each ecclesiastical territory. Now that our brother Terence John Brain, previously Bishop of the diocese of Salford, has withdrawn from that office by resignation, we hasten to provide a new bishop for the flock. Hence, We turn our mind to you, Venerable Brother, who currently discharge the office of auxiliary in the Archdiocese of Westminster, and whom we judge suitable to be chosen for that beloved church. Therefore, by the decision of the Congregation for Bishops and the exercise of our apostolic power, we absolve you of the bond of the titular Church of Lindisfarne and from the office of the Auxiliary of Westminster and declare you Bishop of Salford, given the rights and subject to the obligations which pertain to this, your dignity and office.
    [Show full text]
  • February 2015 Diocesan Issue 415 Catholic VOICE FREE
    Middlesbrough February 2015 Diocesan Issue 415 Catholic VOICE FREE Lent Fast Tony’s A Crossing The What’s Day Hero Threshold Inside Page 3 Page 6 Page 12 Bishop’s Called to Column If you don’t take advantage of the month of February then before you know where Proclaim ’15 you are, you’re already half way through the year. That might sound a bit odd. But what I mean is that you can’t keep on Catholics throughout the Diocese of thinking that you are still at the Middlesbrough are being urged to respond to beginning of the year, and have plenty of the call of Pope Francis to help the Church time for whatever it is you have to do. If embark on “a new chapter of evangelisation”. you have not taken things in hand by The Catholic Bishops of England and Wales February, then you probably won’t! have launched the Proclaim ’15 initiative, February is ushered in with the Feast of which is designed to equip every parish with the Presentation. Together with the Feast the support and resources they need to spread of the Baptism of the Lord, which we the Good News of the Gospel throughout their celebrated at the end of the Christmas families and communities. Cycle, our focus is on Jesus Christ, the The “Proclaim ’15, Building Missionary Son of God made man, as the Father’s Parishes” plan has five key strands, including ultimate word to us. He is the New a major national conference in Birmingham on Temple, the means by which God Saturday July 11, the first of its kind in a communicates his life and grace to us, by generation.
    [Show full text]
  • CSAN Review of the Year: 2014
    CSAN Review of the Year: 2014 “A crucial part of serving society, whether through the calling of politics or through the Church, is to face the reality before us. This is where rhetoric ends, where philosophy gives way to reality, where dogmatism gets its hands dirty. For us this is what being a Church of the poor and for the poor really means. Our self-awareness is sharp; our sense of purpose is clear. Perhaps governments could take a lead from this too.” H.E. Cardinal Vincent Nichols, CSAN Parliamentary Reception, 5 November 2014 1 CSAN’s Achievements: 2014 In 2014 CSAN achieved the following in working to create a society where every person is valuable and valued... We worked with 42 Member organisations, providing services to children and families, older people, disabled people, prisoners, refugees and homeless people At our Parliamentary A number of CSAN’s CSAN spoke out Reception the on 4 pieces of recommendations Cardinal Vincent were included in the legislation and Nichols challenged Hunger and Food responded to Secretary of State 6 consultations on Poverty Inquiry’s Rt Hon Eric Pickles issues affecting to take a lead from ‘Feeding Britain’ vulnerable and the Catholic Church Report marginalised people in tackling poverty CSAN held 2 Caritas Roadshows with We held 15 special interest over 200 attendees. Over 40 charities Member forums throughout were represented in the social action the year attended by 190 Marketplaces CSAN member CSAN’s voice has been strong on representatives draft legislation on human trafficking, immigration,
    [Show full text]
  • FAITH of OUR FATHERS II Our Lady & St
    FAITH OF OUR FATHERS II Our Lady & St. Patrick’s, Oldham 150th ANNIVERSARY COMMEMORATIVE EDITION 150 FAITH OF OUR FATHERS II “To make the Church the home and the school of communion: that is Foreword the great challenge facing us in the As society changes and develops, the Church millennium which is now beginning… must change the way it promotes Gospel values and develops its mission in the world. We live with But what does this mean in practice?… accelerating change and our accustomed ways A spirituality of communion indicates of living and practising our faith must adapt and above all the heart’s contemplation mature, if our evangelisation is to thrive. In the of the mystery of the Trinity dwelling industrial northwest, we have seen great changes in the last 200 years where we have moved from in us, and whose light we must also a tolerated minority Church to a speedily growing be able to see shining on the face of Church through migration, which came, mainly, the brothers and sisters around us… at first from Ireland but increasingly from all over A spirituality of communion implies the world. also the ability to see what is positive The Diocese of Salford quickly became in others, to welcome it and prize it cosmopolitan. Secularism, materialism and consumerism have all had their impact on as a gift from God… A spirituality of Church membership and practise of faith, but the communion means, finally, to know Diocese has been enriched by the contributions how to “make room” for our brothers of so many cultures in demonstrating different and sisters, bearing “each other’s customs, traditions and devotions.
    [Show full text]
  • Not Easy but Full of Meaning” Catholic Family Life in 2004
    “Not Easy But Full of Meaning” Catholic Family Life in 2004 A report of the findings of Listening 2004: My Family My Church Catholic Bishops' Conference of England and Wales Published by Redemptorist Publications on behalf of the Catholic Bishops’ Conference of England and Wales. Catholic Bishops’ Conference of England and Wales 39 Eccleston Square, London SW1V 1BX [email protected] www.catholicchurch.org.uk Redemptorist Publications, Alphonsus House, Chawton, Hampshire GU34 3HQ Copyright © 2005 Catholic Bishops’ Conference of England and Wales All rights reserved. No part of this publication may be reproduced or stored or transmitted by any means or in any form, electronic or mechanical, including photocopying, recording, or any information storage and retrieval system, without prior written permission from the publisher. ISBN 0 85231 303 9 Designed and typeset by Peena Lad of Redemptorist Publications. Cover after an original by Paolo Albertazzi. Email: [email protected]. This publication is available in audio and large print. 2 Contents The Listening 2004 Prayer .......................................................................................... 5 Foreword ............................................................................................................................. 7 Summary ........................................................................................................................... 10 Chapter 1. Family Life and the Changing World ............................................................. 13 Values:
    [Show full text]
  • NJPN North West Justice & Peace E-Bulletin – November 2014
    cmmNJPNe‘hot North West Justice & Peace E-Bulletin – November 2014 The monthly e-bulletin for the North West, linked to the National Justice and Peace Network (NJPN), is produced jointly by the dioceses of Lancaster, Liverpool, Salford, Shrewsbury and Wrexham. Please send diary dates to [email protected] Download earlier bulletins at: http://jpshrewsbury.wordpress.com/e-bulletins/ SALFORD HAS A NEW BISHOP Monday 8 December 2014 will be a red-letter day for the people of the diocese of Salford as Bishop John Arnold is installed as their eleventh Bishop. John Arnold was born 61 years ago in Sheffield and attended Mylnhurst Convent School before attending Grace Dieu Manor Preparatory School and Ratcliffe College, both schools run by the Institute of Charity (Rosminians). In 1975 he graduated with a law degree from Trinity College, Oxford and completed his legal qualification by being called to the Bar in the Middle Temple in 1976 after studies at the Council of Legal Education. In the autumn of the same year he entered the novitiate of the Institute of Charity (Rosminians), taking simple vows in 1978 before beginning studies at the Gregorian University in Rome. In 1981 he transferred to the Venerable English College and continued his studies for the Diocese of Westminster, completing both a Licence and a Doctorate in Canon Law. He was ordained by Cardinal Basil Hume as a deacon in November 1982 and as a priest in July 1983. With the completion of his studies in Rome, he was appointed to Westminster Cathedral as a chaplain, with responsibilities for the Westminster Hospital in 1985.
    [Show full text]