Is ‘aggressive strategic litigation’ needed?
Too often, a fear of litigation leads clients to resolve matters via avenues that serve to save costs rather than achieve the best outcomes, says one principal.
“Everyone runs a million miles from litigation these days, including lawyers,” said Creevey Russell principal Dan Creevey.
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“I know some lawyers who have been in the legal sector for a decade and haven’t stepped into a courtroom.”
Lawyers may and will have their own reasons for looking to resolve matters outside of litigious proceedings. For clients, Mr Creevey opined, a fear of litigation due to perceived financial constraints in taking matters to court is potentially leading to greater injustice across the community.
This fear of litigation, he said, sees people who have been wronged avoiding legal action, accepting “second best”, and settling for unfair outcomes by taking what seems like easier and less expensive options.
Such clients are prejudicing themselves, he argued, by “trying to resolve the matter on the cheap”.
“Consumers never win when they try and resolve the matter by saving costs,” Mr Creevey posited.
“Coincidentally, the winners from that proposition are those promoting family meetings, mediation, counselling and succession planning.
“Every child player gets a prize, but inevitably someone loses out.”
Such outcomes, Mr Creevey surmised, allow larger firms and insurances to “capitalise on the widely held fear of litigation, and they have deep pockets”.
His firm, he proclaimed, instead, advocates for what he calls “aggressive strategic litigation” in order to achieve the best possible outcomes for clients.
“Strategic litigation is a powerful tool that can be used to protect your rights, and we have proven time and time again this approach works when you do it right from the start,” he explained.
“Declarations, injunctions, constructive trusts, strike out applications and arbitrations are some of the effective strategies, and you don’t have to go through a drawn-out legal process to get results.”
Clients will, of course, need experienced trial lawyers to advise them on their rights and the processes involved with litigation, rather than attempting resolution by other means.
“But they are hard to find as everyone has avoided litigation for so long,” Mr Creevey mused.