Everybody loves to read a good rant on Facebook- its sorta like reality TV without the cable fees- everybody that is, except your lawyer, who would really, really prefer that you not slag your ex on Facebook, or post mean spirited tweets, or worse yet, drunk dial to leave a vicious voice message – all of which will inevitably end up appended to a court affidavit, and vastly complicate the task of convincing a court that you are a righteous, upstanding person, in who’s favour a ruling should be made.
In any court case there are actually two parallel disputes afoot. There is the formal, plodding court case itself, which meanders towards a court date and final resolution in accordance with a lengthy set of rules known only to the lawyers involved. That process is intentionally devoid of emotion. It is rules based, and evidence driven.
Then there is the visceral dispute that rages in the minds of the litigants. That’s the dispute where the rage, the betrayal, and the hurt bubble to the surface and keep you awake in the small hours of the morning. That is the dispute that craves retaliation and revenge and drives litigants, unwisely, to their keyboard to lash out at the source of their pain.
Lawyers (allegedly) are humans too, so we understand that there is another battle raging beyond the confines of the court case we are pursuing, that requires the emotional release of a client ‘getting their licks in’ and responding to the taunts of the
Apparently Buddha never actually said “to conquer oneself is a greater victory than to conquer thousands in a battle.”, but he damned well should have- and whispered it into many a clients’ ear before their drunken hands reached for that keyboard! Self discipline does indeed win lawsuits, and the lack of it in a client turns consistently turns lawyers hair grey!