Peace on Earth, Good Will Towards Men?
Bah Humbug! appears to be the more appropriate response this year. I haven’t had a rant for a while, so here goes.
In previous years, December was the time when litigators prepared for a long winter’s nap (of at least a few weeks) while corporate lawyers went crazy. The problem for corporate lawyers was that their clients usually wanted to finalize deals or corporate reorganizations or whatever before the December 31 year end. So I would watch my colleagues on Bay Street who practice only corporate or commercial law enjoy their summers playing golf with clients and being somewhat slow in terms of productivity only to watch them pay for it dearly when November and December came around and they were in the office 24/7. As for the litigators or those with a more varied practice, we just kept plugging along at roughly the same pace throughout the entire year.
This year, however, appears to be the exception to the norm. In the last three days, for example, I have opened five new files and have rushed around like a chicken with my head cut off on a potential injunction matter related to an existing bankruptcy of a major retail chain (I act for one of the suppliers that is trying to avoid being forced to ship merchandise that may well never be paid for). I will also get to spend part of this weekend drafting three new Statements of Claim for clients who have decided that it’s finally not worth it to negotiate any further with the other side.
I have never seen a busier December – it’s only the 12th! – and people are in a suing mood. Is it a lack of Christmas spirit? Is it because there are less Christians per capita than previously or that more of those who say they are Christians have lost the faith so this time of the year doesn’t mean as much as it used to? Is it that the economy has rebounded enough and quickly enough that people are willing to pay the money to sue? Is it that more lawyers are taking matters on contingency or on speculation rather than charging hourly rates? Is it that the economy hasn’t rebounded enough causing people to fight over whatever scraps remain? Has there been too much cloud in the sky lately causing an early arrival of “seasonal-affective disorder”? Is it because the Leafs, Raptors, Jays and Argos all have had crappy seasons this year so there are no happy sporting distractions? Or is it all just one big coincidence? I expect it’s some of the above and probably other matters that haven’t been mentioned.
Oddly enough, it’s not just me who is busy. A talk with my friends at other law firms reveals that they’re all going crazy this year too. But whatever the cause of this increase in litigation, my recommendation is to keep your head down and watch your manners with customers, suppliers and others and hope that you don’t get caught in the wave.
And, so, despite the “Bah Humbug” attitude that seems to be prevailing right now, I’ll take this opportunity (admittedly a little early) to wish you all a Merry Christmas and a Happy New Year!
CALC