Posted: Thursday, 7 August 2025 @ 15:11
The nature of my firm's work means that I end up appearing in Court on behalf of our clients.
Many cases settle or do not get that far but if at any time I represent a client in the back of my mind I never lose of the fact that this person's affairs could end up before a Judge.
This has profound implications for how I advise my clients.
The fundamental principle at play is that the moment the case goes before a third party namely a Judge, you as client lose control over the outcome.
That means that any time you go to Court your matter has a level of risk within it irrespective of the merits and legitimacy of your case.
The key as a party and a lawyer is to tilt factors within your favour.
Another principle at play which I have found people under-estimate is that there are certain pieces of behaviour which judges may not necessarily mention but do find unacceptable.
For example this can be when a lawyer is aggressive with a set of correspondence with an opposing party(especially a litigant in person).
It is possible to acutely damage a case by means of one letter.
Or a party is just plain obstructive and trying to be manipulative.
This may be seen but not necessarily spoken about by the Judge.
It is almost as though it never happened, but it must have defined the outcome.
You do not look at what the judge says, you look at what the judge does.
Even on cases when it looks overwhelming positive for a party, it is still possible to make missteps which can have dramatic consequences.
And these missteps may never be fully understood by the parties or indeed their lawyers.
From my experience of High Court inheritance litigation while I will receive intelligence and directness from a judge I may not get total honesty about everything.
What your role as a party/lawyer is to to identify the key issues which the case is about, concede on points which are not pivotal to the case and to manage one's PR.
Despite the temptation of some clients to be confront the people you are taking legal action against, restraint in tone can have benefits.
If you act with integrity doing what you can settle the case that will help you.
It is also understanding to what extent you press on your opponent's weaknesses or simply hint at it (trusting the judge will decide what to make of it) and your ability to conduct a case on agenda which casts your client in his or her most favourable light.
It is the use of this skillset which will have the most profound influence in whether your case succeeds or not in Court.