I made a rash promise earlier this week during the Dean’s Welcome Webcast to post a top ten list of legal fiction by way of a bit of suggested summer reading. I’m not exactly going to make good on that promise here as I’m highly resistant to the “top ten” part of the proposition. To truly come up with a top ten, I’d have to have an exhaustive knowledge of the field and, while I read a lot, I certainly haven’t read everything. Plenty of worthy books are bound to be left off my list simply because I haven’t yet read them. Further, I’m mindful that this is an inherently subjective exercise. The books I choose to highlight are those that appeal to my particular literary tastes and legal interests, not necessarily the best books by any objective criteria. So consider this list not a top ten, but simply a preliminary reading list of legal fiction that I found entertaining, insightful, or challenging (in the best cases, all three). Here they are, in order of publication, with (I hope) enough detail to pique your interest without giving too much away:
Bleak House (1853) by Charles Dickens: More than a century and a half after its initial publication, this novel centering on the seemingly interminable case of Jarndyce and Jarndyce is still distressingly relevant on issues related to legal ethics, legal obfuscation, and justice delayed as justice denied. It also contains some of the most memorable and entertaining lawyer characters in literature including the sinister Mr. Tulkinghorn, the odious Mr. Vholes, and (possibly my favourite) young Mr. Guppy who is utterly enamoured with the language of the law. It’s nearly a thousand pages long, but when I reached the end, I wished there was more of it. (Incidentally, if you like to listen rather than read, there’s a wonderful audio version available narrated by Robert Whitfield.)
The Trial (1925) by Franz Kafka: Kafka stands alongside Shakespeare, Dickens, and Orwell as one of the authors most frequently referenced in legal decisions. And when judges or lawyers refer to proceedings or outcomes as Kafkaesque, they are likely thinking of The Trial, a novel in which the main character, Josef K., finds himself caught up in the nightmare of a trial on charges which are never specified via processes that he doesn’t understand.
Strong Poison (1930) by Dorothy Sayers: This is the installment in Sayers’ Lord Peter Wimsey series in which Harriet Vane, one of my favourite characters in crime fiction, is introduced. Bohemian author Vane is on trial for the murder of her former lover, and Wimsey must solve the mystery of who killed him in order to prove her innocent and save her from the gallows.
Tragedy at Law (1942) by Cyril Hare: Hare wrote a series of mystery novels set in the legal world based on his own experiences as an English barrister and judge. In this one, regarded by many as his best, High Court judge Mr. Justice Barber first receives threatening letters, then is subjected to an attempt on his life while moving from town to town to preside over cases in the southern English circuit. Barrister and amateur detective Francis Pettigrew sets out to discover who wants Barber dead before that person succeeds in the endeavour.
Tales of Manhattan (1967) by Louis Auchincloss: Auchincloss was an extraordinarily prolific writer as well as a practicing lawyer for seven decades, beginning in the 1940s until his death in 2010. In his fiction he depicted the world of New York high society and the Wall Street lawyers and bankers who served its interests. Gore Vidal wrote of him: “Of all our novelists, Auchincloss is the only one who tells us how our rulers behave in their banks and their boardrooms, their law offices and their clubs.” Tales of Manhattan includes a suite of stories which depicts a fictional New York law firm from multiple perspectives. These stories are very much of their time and place and thereby illuminate a particular historical moment in U.S. society and legal practice. But they also explore, as do many of Auchincloss’s works, tensions between legal ambition and creative aspirations in a way that may resonate for the would-be lawyer-writers among you.
The Legal Fiction of Lowell B. Komie (2005): This book unites Komie’s many law-themed stories that were originally dispersed throughout earlier collections published between 1983 and 1999. Like Auchincloss, Komie is at once an acclaimed fiction writer and a practicing attorney but his territory is Chicago and the legal world that he depicts in these stories is that of the 1970s and 80s. Consequently, the cast of law students, lawyers, and judges that he depicts is much more diverse. Legal practice has changed considerably in the intervening years, but many of the personal and professional conflicts that Komie’s characters face will still seem familiar to today’s lawyers and law students.
Alias Grace (1996) by Margaret Atwood: This Giller prize winner is my favourite of Margaret Atwood’s books. It’s a historical novel that is based on a notorious 19th century Canadian case in which a maid was convicted of the brutal murders of her employer and his housekeeper. Atwood’s rendition of the story takes the reader into the mind of the convicted murderer, now serving out a life sentence and claiming to have no memory of the crime. It also explores the question of her innocence or guilt through the eyes of a fictional doctor who is researching her case.
George & Rue (2005) by George Elliot Clarke: This novel is based on the story of two African Canadian brothers who were convicted of and executed for the murder of a taxi driver in the course of a robbery in New Brunswick in 1949. Clarke became intrigued by the story upon learning that he was related to the brothers and set out to imagine, through innovative use of the historical record, what led up to the commission of this crime.
The Round House (2012) by Louise Erdrich: Erdrich’s National Book Award winning novel tells the story of 13-year-old Joe’s quest for justice in the aftermath of an assault on his mother on their Ojibwe reservation in North Dakota. The richness of the novel is nicely summed up in its National Book Award citation: “Erdrich has created an intricately layered novel that not only untangles our nation’s history of moral and judicial failure, but also offers a portrait of a community sustained by its traditions, values, faith, and stories.”
NW (2012) by Zadie Smith: In this novel, Smith paints a portrait of contemporary London through the eyes of a group of characters linked by the shared history of growing up in a housing estate in the city’s northwest. One of the key characters is barrister Natalie Blake who confronts sexism and racism in the legal profession, and struggles with the gulf between the world in which she grew up and the one she inhabits now to which law has, in part, provided a conduit. The picture that emerges of London, of the legal profession, and of Natalie is complex and challenging.
I could very easily add twenty more books to this list, but I said ten so I’ll stop there. But I also said preliminary, so I invite you to add your own favourites in the comments below, and also any reflections you may have on the books I’ve highlighted here. I would be very happy to come away with some new titles to add to my summer reading!