M&S PROFILE: Malcolm Harris

Fraud litigation expert Malcolm Harris has recently joined Setfords Solicitors as a consultant.

 What was your route into the profession?

The very traditional one—University of Birmingham, then the College of Law at Guildford, followed by two years' training contract at a heavyweight litigation firm in Birmingham.

All of that was meant to be a stepping stone into politics. I was helpfully advised by the late Lord Jenkin of Roding, who as Patrick Jenkin was my local MP and a barrister. He served as a cabinet minister in the Thatcher governments. He advised me that becoming a solicitor first, rather than going to the bar, would make it easier to later go into Parliament and be financially secure in case you lost your seat at a subsequent general election and had to return to private practice. I don’t know why he was so focused on how to deal with life after electoral disaster, as he always had a very big majority! I never returned to politics, which I sometimes regret, but I have also very much enjoyed my legal career, so you can’t do everything. I became a partner in a Bristol firm when I was only 27 and never looked back.

What has been your biggest challenge so far?

Appearing for the first time in the Court of Appeal was quite daunting but the key is proper preparation, as with all advocacy, and it was both stimulating and rewarding. Always prepare and be ready at least one week ahead was the advice given to me in my first few months of training. I think the pace is faster these days because that advice has to be cut to 24 hours if you want an ex parte freezing order.

In terms of challenges, you always need to be at the top of your game for any advocacy, but intellectually, piecing together where assets have gone in some complex commercial fraud litigation cases, or arguing the meaning of benefit and making the calculations in POCA cases has been enjoyable.

Which person in the legal profession inspires you the most?

Lord Denning was an extraordinary lawyer and I had the privilege to meet him briefly whilst still at university when he was the guest speaker at our Annual Dinner. He was a very creative judge. He wrote a fascinating book called The Discipline of Law whilst still Master of the Rolls. It was given to me after graduating and reading it inspired me greatly. I still have it in my library. In terms of other practitioners, I have enjoyed working with some very good Silks in big cases, several of whom are now on the bench.

If you weren’t a lawyer, what would you choose as an alternate career?

In view of my answer to the first question, it won’t surprise anyone to learn that it would be politics. I would not have been satisfied with anything less than becoming Home Secretary, so perhaps I would have been disappointed! I would also have enjoyed being a journalist in the Jeremy Paxman style, cross examining politicians and covering world events.   

Who is your favourite fictional lawyer?

It has to be Harvey Specter in Suits. Always up for a battle, takes no prisoners and usually wins. I wish I could win cases with so little paper on my desk and be assisted by Donna, his perfect PA!   

What change would you make to the profession?

I am not sure the constant rule changes have been helpful to justice overall and I am totally against the constant fee hikes, which is just another tax. The ordinary person cannot possibly afford to litigate. I enjoy helping people and that is not as easy as it once was. 

How do you relax?

I like to write and do a lot of historical family research. I still have ambitions to write books. I have three different books on the go at the moment, but working full time means progress is painfully slow. I watch Chelsea Football Club whenever I can.  I also really enjoy travelling and discovering new places when time permits.