The Answer’s no – now what was the question???

That could be a good example of a conversation between me and one (or both!) of my children when they were younger – after a day out with them constantly asking questions, it could sometimes be tempting to just say no, before they got into their stride.  Not the best parenting advice, but nevertheless a reality that no doubt many can relate to.

However, it was actually a reference to how many solicitors used to approach litigation, and some still do.  Be difficult, uncooperative and vague and hope the other side give up and go away.

That might incur the wrath of the Judge, particularly if it gives the impression of being obstructive to the legal process, but that does sometimes create a conflict of interest.  Doing what my client wants may put me in the Judge’s firing line, but I can’t exactly use that as a defence!

My job is (within the rules of the law) to do what my client instructs me to do.  If I am instructed to stall and delay, then so long as I’m not lying or misleading the court, then that is what I must do, whilst simultaneously advising my client of the risks and downsides.

Conversely if the other side are stalling and delaying, I will jump up and down and point to the rules (the CPR is very focused on the parties cooperating and what is called “front loading litigation” – the importance of putting all your cards on the table at the earliest opportunity) but ultimately only a Judge can sanction the offending party, and will only do so if they are certain that it’s deliberate and/or could have been avoided.

Few cases are that clear cut.

At the end of the day, every client must decide for themselves whether they wish to take their solicitors advice on strategy and tactics, but if your legal advisers are cautious about any steps you wish to take to muddy the waters, this isn’t an indication that they’re not up for the fight.  They are just aware that these things can, sometimes, be as dangerous as a five year old with a vivid imagination!

Kleyman & Co Solicitors.  The full service law firm.  Answering the difficult questions!