Last week Renee and I had the great pleasure of hosting a number of our colleagues to our Kare Lawyers First Birthday Party.  It is always great to catch up with colleagues in a relaxed social setting without the pressure of the conflict that defines our roles as litigators.

Litigation is, by definition, conflict.  Our role as litigators is to advance the position of our client within the confines of our ethical obligations to the Court and to the administration of justice.

Unfortunately, perhaps more than any other area of law, personal injuries litigation is very polarising.  It is difficult, if not impossible, for a solicitor to act for Plaintiffs (injured people) and Defendants (primarily insurers) at the same time even in unrelated cases.  This can lead to jokes about which is the “dark side”.

When I started working for Defendants 10 years ago, one of my colleagues gave me a Darth Vadar mask to signify my transition to the dark side.  At the party last week, a Barrister claimed my return to Plaintiff work was a move to the dark side.

They are only joking but it is a difficult concept for our clients to understand.  I once had a client complain that a letter I sent to an insurer’s solicitor wished them the compliments of the season in the lead up to Christmas.  She appeared to think this was too friendly and did not convey the proper anger I should be feeling over the insurer’s inadequate offer to settle.

However, that is not the nature of the profession.  We play the ball, not the player.  We will argue fearlessly for the rights of our clients safe in the knowledge that we can have a coffee with our colleagues afterwards with no hard feelings.  Some of my closest friends and most respected colleagues act for insurers.  They are not working for the “dark side”, they are performing vital roles in the administration of justice and the civilised resolution of disputes.  Even Renee and I have had claims against each other before we entered partnership.

Collegiality in the profession keeps us sane.  Professionalism and respect improve our prospects of settlement and ensuring the best possible outcome for our clients.