When the fun stops, stop litigating… Did you ever put a bet on something with long odds just in case, because you had a good feeling? Were you the one person who bet on Leicester winning the Premier League in 2016, or on Argyle knocking Liverpool out of the FA Cup last year? You have to speculate to accumulate, right? Do you only buy a lottery ticket when there’s a double rollover? What’s your risk profile? All your savings in emerging markets, or just a ticket at the school tombola? Did you ever bet all the money you have and also all the money you have tied up in your family home on a legal position that you don’t really understand but your solicitor says you have a 70% chance of winning and 70% is really really high? Did you put your solvency on the line? How about that? When you’re litigating, you’re gambling, on a high roller, thousands of pounds at a time You can have the best case in the world (a staggering 70%), have all your ducks in a row, witnesses all lined up, none o...
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I know you've got the legal position nailed
I know you’ve got the legal position nailed. I see that in the statements of case and the position statement And I promise all of that will weigh into how the day proceeds. We’ll look in detail at your risk profiling and your assessment of weaknesses in their case and procedural points you’re going to take if we don’t reach a settlement But effective solutions often require us to deliberately step away from the pure legal position Because a dispute between two people or organisations is always about more than the lawyers' positions Litigating for 20 years has taught me that a messy human dispute can’t be simply constrained by legal principles written by a lawyer as agent to craft in letters. Principles which, no matter how convincing they are presented in perfect prose on expensive papers, never hit home with the opposing lawyers, who just do the same back That traditional approach will detract from getting both sides to the place they need to get to, and send them locked in to bat...