Posted: Friday, 22 August 2025 @ 14:28
1The ability to fight cases on agendas which serve your own interests
rather than that of your opponent. Strange it may sound legal cases are not necessarily
won by those with the strongest legal cases. While having a good legal case is
better than having a weak legal case, it is still possible to secure good outcomes
with a weak hand; equally it is possible to end with a poor result even with a
good legal position. Particularly on cases which are not necessarily strong when
the time is right I will try to introduce specific issues which help the client
and I believe a judge will appreciate.
2 Tone is critical – Inheritance cases are emotional and there
can be such a temptation to say or do things which try to cast the opposing party
in a poor light. Lawyers can be just as guilty of that (poor) conduct. From my
point of view I am trying to take the advisor as part of the equation. In other
words you want to be largely not noticed in the case. The threat of legal
action (which is why my clients instruct me) is enough pressure to bear. Showboating
or overt grandstanding does not cut it.
3 Overall understanding of where the "puck" is heading. An
analogy for an ice hockey puck is "the future" or "the
goal" of a situation, as seen in advice to "Skate to where the puck
is going to be, not where it has been". This metaphor highlights the
importance of anticipation, strategic vision, and forward-thinking to stay
ahead, whether in sports, business, and in inheritance disputes. In my mind I
am trying to think given where we are at the moment where is ultimately this
dispute going to go. I am trying to predict the future outcome of the case.
4 Sensible use of offers. An important mindset to have in mind
is to make offers to settle cases where you can and if they serve your interests.
This just does not occur on the financials of the matter but also on certain aspects
of the matter such as use of mediator, specific evidence which can be used or what
information should be disclosed.
5 Advocating positive client character traits. Judges read papers
and what we are trying to do is cast our clients in their most positive light.
What we try to do is rather than criticise our opponents we bring to the fore
the reasons why our clients have acted the way they do and why they are entitled
to be on the right side of the justice system.