If there is only one thing that you learn from this site this is it. court is WAR .
In Sun Tzu’s art of war you will find strategies your opponent will use, be ready for them , they will be relentless.
If the other party was the negotiating type they would have given you an opportunity to settle out of court . It may also be that they are naive and that their lawyer has takent hem down the litigation path as this is far more lucrative than an amicable settlement. Always follow the $ trail.
The reason matters go to court is not because the parties cannot find common ground but because one side is greedy and wants something that is not their entitlement or wants more than their fair share. We often find that long term court cases go on because the demand are so disproportionate that one side keeps fighting because the balance for settlement is so wrongly out of kilter.
If you have two reasonable parties the matter will not progress to court , it only takes one unreasonable party to engage a lawyer who is not particular about the rule of law and you will find each and every strategy in the art of war implemented.
Overseas the radical concept of lawyers as peace makers is being promoted , this however provides lean earnings for lawyers and in a society where $$ matter why resolve something in a few hours when you can build the matter into a legacy for your grand children.
The more money you have the longer the litigation will take. there are short cuts to victory but you have to know them so as to instruct and monitor your lawyer.
We can be fooled by the fact that lawyers have a statutory obligation to section 4 of the Lawyers and Conveyancers act
4 Fundamental obligations of lawyers
Every lawyer who provides regulated services must, in the course of his or her practice, comply with the following fundamental obligations:
(a) the obligation to uphold the rule of law and to facilitate the administration of justice in New Zealand:
(b) the obligation to be independent in providing regulated services to his or her clients:
(c) the obligation to act in accordance with all fiduciary duties and duties of care owed by lawyers to their clients:
(d) the obligation to protect, subject to his or her overriding duties as an officer of the High Court and to his or her duties under any enactment, the interests of his or her clients.
**********
It has become evident that there are many lawyers seem to think that their duty is to win at what ever their client instructs them on and they will secure victory at any cost.
If you have been in the civil courts you will have noticed one or more of the tactics, if there are any we have missed please contact us
The following are links to blogs which highlight issues in our courts we welcome more links.
Civil proceedings in New Zealand Courts
Open letter to Judith Collins What justice system ?
lawyers enjoy rights no one else has see Why teachers go to Jail and lawyers keep practicing
Failing to serve documents see Approved and acceptable standards for document service in New Zealand
False affidavits of service see Translegal services NZ Limited another lesson in document service and Whistle-blower liquidated on false affidavit
acting illegally see Brookfields Lawyers continue to act illegally and How Brookfields secures victory
use intimidating tactics see Do Brookfield’s Lawyers take their obligation to the law seriously?
can commit perjury see How many lies before a barrister commits perjury?
use other court proceeding to ” beat the other party up” while matters are still before the court Liquidation as a tool of oppression
Its all relative we are compiling cases which show connections between lawyers and judges and lawyers and he parties theyr represent we have several stories on hand which show that if you are u p agaisnt a litigant who is well connected you really don’t stand a chance… that is not justice. Any further information please contact us
and there is more but that is for another day