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 clients, where briefs and instructions are perceived to be
