The Lawyer's Christmas: Why the Festive Season is the Calm Before the Legal Storm.

Director of SCiLAB and Senior Lecturer in Law (Open Justice) Liz Hardie writes about lawyers preparing for their busiest time of the year in our second 'Legally Christmas' blog.

December: The time of year when everyone is leaving work early for the Christmas party and taking extended breaks for last-minute gift runs. But while you're slowing down in anticipation of the festive break, lawyers know the truth: this is the calm before the post-Christmas storm, because January is well-known for being the busiest time of year in many different areas of law. The fact is, while law firms are happy at the prospect of more clients and cases, spare a thought for the lawyers who will be jumping straight into a hectic work environment on their return.

Divorce day: Family Law’s January Jolt

For family lawyers, the first Monday in January is colloquially known as ‘divorce day’ as they see a surge in enquiries around divorce and separation. Christmas often acts as a catalyst for change; extended contact with family members, financial strain, alcohol use, family pressures and expectations of an ‘Instagram worthy’ Christmas all add to the pressure and stress of family life. As well as divorce queries, the same combination also leads to an increase in domestic abuse incidents (as reported by ONS and Women’s Aid) and the need for protective orders for victims. Add into the mix arguments over the arrangements for children over the holiday period, and family lawyers know they will have new clients and queries on their return to the office.

Schmoozing and Networking: Criminal Law's Festive Boom

It's not just family lawyers who dread the return to the office. Criminal lawyers can expect more work following criminal offences involving drink and drugs, the consumption of both of which increase during the festive period. More people are on the road travelling to see friends and family, and this leads to more traffic offences such as speeding and drink driving which need to be dealt with once the courts re-open in January.

Smashed Cars and Skeleton Staff: PI’s Festive Fallout

The increased travel is also one of the reasons for the increase in personal injury cases around Christmas time, with more motor accidents due to the increased  traffic on the road. People are also going out socialising more, and once you add in drinking there are more accidents and claims. Lawyers also suggest there is a greater likelihood of a work-related accident, as companies run their services with fewer or a skeleton staff while potentially dealing with increased demand: a particular risk for delivery services.

When Gifts Go Wrong: Employment, and Defective Product Claims

Employment lawyers also report an increase in queries after Christmas, typically over disputes around annual leave and pay. And don’t forget all the products which have been bought as presents in the run-up to Christmas, and the subsequent January claims for defective products – or even the non-arrival of gifts ordered at the last minute. 

So while you are relaxing in front of the fire enjoying your tipple of choice over the festive period, you might want to raise your glass to our lawyers, unable to relax knowing their busiest time of the year is approaching. And of course, the busiest lawyer of all will be Santa’s solicitor! We bet their inbox on December 26th is full of claims, including drink-driving of the sleigh, speeding, breaking and entering at multiple locations, mistreatment of animals (reindeers) and employment claims in relation to overwork by his elves, to name but a few!