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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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RUDE OR "ROBUST" CORRESPONDENCE? GUIDANCE ON AVOIDING INFLAMMATORY LANGUAGE OR BEING GRATUIOUSLY OFFENSIVE

RUDE OR “ROBUST” CORRESPONDENCE? GUIDANCE ON AVOIDING INFLAMMATORY LANGUAGE OR BEING GRATUIOUSLY OFFENSIVE

August 10, 2023 · by gexall · in Conduct, Members Content

This is a repeat of a post first written in August 2017. At that time the Solicitors Regulatory Authority had just issued  on “Offensive communications”  (the link is to an updated version from 2019). It gave me a chance to…

THE NEED FOR VARIATION OF THE TONE OF CORRESPONDENCE IN LITIGATION: OUTRAGED OFFENCE AND BEING PASSIVE-AGGRESSIVE IS USUALLY OFF KEY

THE NEED FOR VARIATION OF THE TONE OF CORRESPONDENCE IN LITIGATION: OUTRAGED OFFENCE AND BEING PASSIVE-AGGRESSIVE IS USUALLY OFF KEY

January 23, 2022 · by gexall · in Civil evidence, Civil Procedure, Conduct, Members Content

I am grateful to solicitor Richard Harrison for allowing me to reproduce his post on “The importance of tone in litigation”. This blog has looked, many times, at judicial criticism of intemperate correspondence. Richard’s observations here will strike a chord…

TOP TEN (SHORT) PIECES OF ADVICE  FOR LAWYERS ABOUT CORRESPONDENCE: AVOID ADVERBS (BASICALLY), OH AND DISCUSSING YOUR CASE LOUDLY ON A TRAIN...

TOP TEN (SHORT) PIECES OF ADVICE FOR LAWYERS ABOUT CORRESPONDENCE: AVOID ADVERBS (BASICALLY), OH AND DISCUSSING YOUR CASE LOUDLY ON A TRAIN…

October 13, 2020 · by gexall · in Avoiding negligence claims, Conduct, Members Content

Continuing with the series on guidance for new entrants to the profession (and a useful reminder for the rest of us).   This is ten pieces of advice from the lawyers of Twitter after I wrote a piece on the lack…

"THEY LOST": THE DANGERS OF OVERCONFIDENCE IN CORRESPONDENCE

“THEY LOST”: THE DANGERS OF OVERCONFIDENCE IN CORRESPONDENCE

December 19, 2019 · by gexall · in Appeals, Applications, Civil evidence, Conduct, Members Content

“Never write anything you will be embarrassed by the court reading” is an essential piece of advice for all lawyers (and one I suspect we have all, occasionally, breached). An example can be seen in the opening lines of the…

COURTESY, CONDUCT AND LITIGATION: A ROUND UP OF THE POSTS

COURTESY, CONDUCT AND LITIGATION: A ROUND UP OF THE POSTS

July 3, 2018 · by gexall · in Abuse of Process, Civil evidence, Civil Procedure, Conduct, Members Content, Useful links

Last week I set out the responses on Twitter about professional courtesy and conduct.  This is a good opportunity to recap on the four posts on this subject. “AGGRESSIVE CORRESPONDENCE” AND EFFECTIVE LITIGATION: ARE THE TWO SYNONYMOUS OR DIAMETRICALLY OPPOSED…

AGGRESSIVE INTER-SOLICITOR CORRESPONDENCE: PISTOLS AT DAWN & THE DANGERS OF TALKING ON TRAINS: LESSONS FROM TWITTER

AGGRESSIVE INTER-SOLICITOR CORRESPONDENCE: PISTOLS AT DAWN & THE DANGERS OF TALKING ON TRAINS: LESSONS FROM TWITTER

July 1, 2018 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Conduct, Members Content

Earlier this week I tweeted a link to earlier posts on this blog “aggressive correspondence”.  The responses on Twitter make for interesting  (and entertaining) reading.  The legal Twitterati provide quite a few lessons here – from the art of brevity…

"ROBUST" BUT NOT GRATUITOUSLY OFFENSIVE:" SRA GUIDANCE ON COMMUNICATIONS WITH OTHER FIRMS AND LITIGANTS IN PERSON: THE FUTILITY OF RUDENESS

“ROBUST” BUT NOT GRATUITOUSLY OFFENSIVE:” SRA GUIDANCE ON COMMUNICATIONS WITH OTHER FIRMS AND LITIGANTS IN PERSON: THE FUTILITY OF RUDENESS

August 24, 2017 · by gexall · in Conduct, Members Content

The Solicitors Regulatory Authority has issued guidance today on “Offensive communications”   It gives me a chance to recap on earlier posts about the futility of rudeness. “Your role is to act in the client’s best interests; antagonising the other side…

BE CAREFUL WHAT YOU WRITE: THE SUPREME COURT MAY READ IT ONE DAY (AND IT MAY END UP ON A BLOG SOMEWHERE...)

BE CAREFUL WHAT YOU WRITE: THE SUPREME COURT MAY READ IT ONE DAY (AND IT MAY END UP ON A BLOG SOMEWHERE…)

April 14, 2017 · by gexall · in Appeals, Conduct, Members Content

There has already been some interesting debate on Twitter about one aspect of the Supreme Court decision in Times -v- Flood [2017] UKSC 33 that has not made the headlines.   Dominic Regan observed that the case is another example…

"AGGRESSIVE CORRESPONDENCE" AND EFFECTIVE LITIGATION: ARE THE TWO SYNONYMOUS OR DIAMETRICALLY OPPOSED?

August 20, 2015 · by gexall · in Case Management, Civil evidence, Members Content

There is an interesting report by Chloe Smith in The Law Society Gazette “Solicitor reprimanded for email calling opponent a “plonker””.  The comments that follow that article are equally interesting with the usual mix of wry and witty observations.  The…

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