When AbovetheLaw writer and lawyer Jordan Rothman wrote about a ‘holiday truce’ for lawyers, he may have signalled something that does occur at a time of Christmas and new year goodwill – assuming such a time really does exist.
Work slows, vacations are taken and an attitude of almost friendly fraternity exists.
But not for all.
Most lawyers continue to check their inboxes and check out their files throughout the ‘Christmas break’, as Law.com has observed of UK lawyers. And the same applies for many jurisdictions where the digital court work and non-stop lawyering seems to offer little respite for the overworked lawyer.
Here in New Zealand, where LawFuel is based, we’re the first to see in 2021 and to see a little legal action ourselves.
We were served here at LawFuel with a prospective defamation writ from Russian businessman Sergey Grishin and his New Zealand lawyers SImpson Grierson as holiday departures were being prepared – and in the Southern Hemisphere this is the equivalent of the mid-year summer break in the US, UK and elsewhere.
We head to the beaches that line our shores.
As Rothman, who works from his New York and New Jersey law firm The Rothman Law Firm observes, not everyone takes the time to have their break. For some it’s necessary, for others there is a rush-to-judgement attitude seeking to take advantage of lawyers’ down time.
”. . some lawyers serve demands, file motions, and make other requests that might require their adversaries to spend time responding to such matters around the holidays.”
Some cannot wait, others can.
Rothman notes that while most lawyers observe a ‘holiday truce’ and it is true in most jurisdictions that a slowdown in litigation and transactions generally occurs around this time. But not always.
Some use the time to provide tactically-timed motion filing and other actions that use the time to . . well, create an advantage.
The better way, surely, is to take a break.
Enjoy yours and look forward to a better 2021 than the year just past provided.
The LawFuel Team