General Advice – January 2021

Can the Court System be Trusted?

I assume that most lawyers would say “yes”. They have been schooled in the system, belong to the club and have a vested interest.

Doctors, not uncommonly, have a different view. I have written previously about the differences between our professions. Whilst I accept that the legal profession does not condone untruths, I have seen situations where inconvenient truths have been ignored.

Doctors are not so inclined. In general, we rely upon absolute and complete truth. It assists in the diagnostic process, improves the formulation of therapeutic regimens and conforms with our adherence to the Hippocratic oath.

I have sometimes met plaintiffs who have been through the legal mill and exited after judgement has been made. More often than not, they appear to be unrequited. They don’t complain necessarily about the quantum, as you might expect;  instead, they complain about what they perceive as being an unfairness in the whole system. They refer to the drawn-out nature of the process, the exorbitant costs involved and the unpredictability of the judgements that are eventually made.

I do not have any solution for this issue. Suffice to say, at least this forum gives me a chance to express an opinion. I believe this opinion would be relatively broadly held. If I am correct, it might be useful if our legal colleagues gaze inwards at least once.