I’m sorry – I haven’t a clue!

You’d be upset if you went to a solicitor (or any professional) for advice and this was their answer.

And to be honest, I have rarely said that.  I may often not be able to give you a precise answer, such as how long it might take for a case to get to trial, but I can usually give you some guidance.  I can also give you a good indication of what the hold ups might be, such as delays at court, lack of preparation by the other side (or sometimes by my client themselves!) stalling and delaying by either/both sides etc etc.

At the same time, I can rarely give an unequivocal yes or no answer, for the same reason.  There are simply so many variables in life and in law, that no one can ever say for certain what is likely to happen.  It is for this reason that barristers will rarely give you more than a 70% chance of success, no matter how good your case may appear, because so many things could happen that we cannot foresee.   Even a tarot card reader wouldn’t be able to give you a reliable prediction!

Take, for example, changes in law.  At the outset of a case the law may be in your favour, but between the start and the trial, a decision may have been made in other proceedings which has a knock on effect on your claim or defence.

Even as I type this, there is a case going through the European Court on the issue of privilege.  It is commonly accepted that anything you say to your solicitor is protected by privilege and so emails that you exchange between you cannot be shown to the other side or the Court.  However, it is currently being argued that privilege does not apply to in house solicitors.   So imagine the situation where you’ve sent an email to your in house solicitor, giving them the warts and all situation, and they’ve replied outlining what is wrong with your case and where the risks are.  Then imagine being told a year later that that email might be disclosable to the other side, which was not the legal position at the time you sent it.

Or what if you’ve taken advice from a non solicitor – there are plenty of good legal advisers around who are not members of the Law Society.  If they’ve given you advice, does that amount to legal professional privilege?  Possibly not.

Obviously as none of us have a crystal ball, it’s impossible to say what changes in law may come into effect during the course of your case.  Whilst that should not encourage or discourage you from proceeding, it is something to take into account, especially if your solicitor is unwilling to give you the cast iron guarantee that you were expecting.  They’re not being weak, they’re being professional!

Kleyman & Co Solicitors.  The full service law firm.  More accurate than your horoscope!