Not Every Case Is Won with One Strong Legal Argument
Sometimes, it is won through calmness, the right strategy, and trust: trust in the client, in the procedure, and in the people who apply that procedure.
In one of the matters I handled, the client had been selected as the tenant of a public premises. In order to sign the lease agreement, however, he first had to meet additional formal requirements. This depended on the completion of a parallel administrative proceeding.
The problem appeared at the final stage.
There was no legal provision requiring the authority to issue its decision and resolve the matter exactly within the timeframe needed by the client to sign the lease agreement. What could be done, however, was to present the situation properly and explain why timing had real significance in this particular case.
The client was considering an alternative organisational solution, which from his perspective seemed quick and practical. I explained to him, however, that legally it would mean signing the lease agreement with a different entity, and therefore we could not assume that the landlord would automatically accept such a change. The other party did not accept the change of entity, but gave the client additional time to provide the required documents.
The simplest and safest solution therefore remained to bring the administrative matter to completion.
The client and I went to the public authority in person. We were told that the matter was pending and that, at that stage, nothing more could be done.
The client nevertheless decided to write directly to the person handling his case.
Calmly. Clearly. Humanly.
He explained what depended on the decision and why timing genuinely mattered.
The matter was resolved within a timeframe that allowed the client to submit the required documents.
The client signed the lease agreement.
This case reminded me of something important: sometimes the role of a lawyer is not to play the hero by making a move that directly determines the outcome of the case.
Sometimes it is to create the space in which people can find the best solution to the problem themselves.
That is not always easy.
Holding back from sending another letter, applying more pressure, or forcing another legal construction can be more difficult than taking action.
But sometimes that is exactly when the solution appears.
The solution is not always a legal provision that solves the problem.
Sometimes it is a clear understanding of the risks and a reliable explanation to the client of the options available.
Sometimes it is trusting the client to act in support of his own case.
And sometimes, on the other side, there is a person who, within the limits of the procedure and their own authority, is able to recognise the real importance of the matter.
Law sets the framework.
People make it possible to find a solution within that framework.