Well, this maybe a little tweak on some lyrics of the song sung by Edwin Starr (and others) but I’m sure you get the drift…
It’s been a tough few weeks in this small little corner of the legal world that I practice in….
I’ve been working on a case (which is continuing, so am unable to discuss any particulars) where the opposition attempted a “Goliath” type move on me by bringing to Court a much more highly qualified legal professional to try and scare me (and in essence my client) into backing down….
To this my response was …. Pfft! I believe in my client’s case and will fight to the death (whilst ever I am instructed to do so).
However, this little incident has got me pondering about the great divide between the law (and its practice) and the expectations of people who come into my office.
You see, many people come in with a problem to which they believe they have a common sense solution and think that the law will back them up. Many times I have said to a client “these are your rights BUT this is the practical solution for getting what you are after” … (and often the twain do not meet).
I remember when I walked into this little country practice and had a discussion with my new boss about what the job entails – he said to me “now you’re here and practicing, you can forget everything you learnt in law school because it’s pretty much useless”.
Now, that was an over exaggeration but over the years in practice I can see where he was coming from.
People seem to believe that common sense will prevail… Unfortunately, if you are basing this belief on the law then you a not likely to ‘come up trumps’… My best advice to people is, if you run into a conflict where you want to get the law involved then you must think of your best compromise, as that is where you will probably end up.
The problem with the law is – it is an objectively, retrospectively written piece of governance but applied subjectively and in essence prospectively on our society…
So, when asked by the Federal Judge – “And what law are you basing this argument on?”…
I must stand beside Darryl Kerrigan and say ”The Law of bloody common sense!”