I had a particularly taxing day at court recently. My opponent solicitor and I did not – ahem – gel. My attempts to engage in negotiation met with much dramatic huffing and flinging about of the word ‘nonsense’, escalating to swearing and door slamming of a most juvenile kind. You know constructive dialogue is at an end when your professional conduct is impugned simply for disagreeing with the other side’s position. And when I’ve volunteered to draft an order that by rights should have been drafted by the other side, criticising my handwriting is likely to result in a biro-in-eyeball incident (I counted to ten, the urge passed). He didn’t do his client any favours – although she probably thinks he put on a grand performance – he was so busy with the amateur dramatics and bullyboy tactics that he completely failed to appreciate the significance of the information I was trying to give him.
But most lawyers do at least maintain a certain sense of decorum, and we can agree to disagree on our client’s respective positions, and operate courteously even in the face of the most divergent of instructions. I cite as one example the case of Arkell v Pressdram. Brilliant.