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23 February 2018 / Khawar Qureshi KC
Issue: 7782 / Categories: Features , Profession
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Smear tactics— a sign of the times?

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Smears, complaints, abuse…it seems all’s fair in love, war & litigation, but where will it all end, asks Khawar Qureshi QC

It is perhaps evidence of ageing that almost all of us will say at some point in our lives, ‘it was better in the past’. However, anecdotal evidence suggests the litigation arena is becoming increasingly aggressive, and more focus is being applied to ask—why is this happening?

Lest we assume this does not apply to the five-star, relatively relaxed and confidential environs of international arbitration we would soon be disabused of our naivety.

As soon as lawyers convince themselves that they are the living embodiment of Von Clausewitz’s ‘total war’ approach, there are no red lines, there is no trust and any means (however devious and foul) justify the end.

Why is this happening?

What are the causes of this change, which can only be detrimental in terms of the well-being of the system and the legal profession long term?

First, the increasingly competitive environment with highly demanding

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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