Doing things differently

There are times I really hate law - and myself.

Was hoping to not be snipey at the other side on a case.. I have the distinct feeling that they haven't actually had a piece of litigation go to trial, and they are the claimant (at least as the Defendant you largely allow the other side to draft everything and just snipe).

So far they have failed to file pleadings that were clear, prepared a deficient Part 18 reply and they now realise that their drafting of the claim against one of the two defendants was so poor that it did not include joint tortfeasorship despite them probably intending it to be there and despite it being the only reasonable basis for liability against one of the defendants (the one with money).  They now ask for amendment despite it being made without any reference to the relevant part of the CPR and the requirements for cases before the court involved.

They also prepared the main PoC without counsel and the partner signed the statement of truth and agreed in directions that the PoC stands as evidence and the witnesses can be cross-examined.

 

The confusing part for me is that part of me wants to help them not show themselves up rather than just stand back and shake my head... every time I try to suggest reasons why something they do is deficient the partner on the other side gets his arse in a bunch... it is worth noting this firm professes to be experts in IP litigation and that the partner involved has particular experience..

 

I am far from amazing, but in my little niche I seem to be one of the few doing things the way I am.. part of me wants others to do it this way too so that it gets more legitimacy, but right now I feel like I am sailing solo and just hoping I dont crash and burn :-(

☝️

“Please would you entertain my bragging?”

No.  Perhaps it has come across badly.  I dont see the other side's mistakes as things that they should have done - it's not because of anything that I have done that they keep making missteps.

Ok the issue is that I do the advocacy too.  Which is definitely not usual in IP cases.  Ergo solicitors and my peers on one side think I am weird, and I suspect barristers would prefer I didnt exist.  So I have this strange desire for others to do it to to legitimise my decision to do it, but everyone seems terrified of it.