A Good Day for the Law

What's the difference between a good lawyer and a bad lawyer? A bad lawyer can let a case drag out for several years. A good lawyer can make it last even longer.

The legal profession is an easy target and given that half of those involved in litigation end up the loser, it’s of little surprise the profession is the public’s favourite scapegoat. For countless years solicitors have had to put up with disgruntled clients and attacks against their moral fibre. Perhaps this is the platform from which the ‘Solicitors From Hell’ website launched itself. The site names and shames those solicitors who haven’t met the high standards expected of them by the average client.

I’m sure there are those named on the site that deserve reprimand for their professional behaviour, but one bitter ex-client with little understanding of the legal system is now given the power to sabotage the reputation of whoever they see fit. I have little respect for Rick Kordowski’s website, so I was pleased to hear his attempted action for libel against the chief executive of the Law Society was scrapped.

Professor John Flood of the University of Westminster alleged that as he came out of the BBC with Des Hudson, the chief executive of the Law Society, ‘he said Rick Kordowski was a criminal. I reminded Des that the police didn't think so. He wasn't happy.’ Hudson meanwhile, claims that he did not refer to Kordowski as a criminal, rather that his methods of collecting information about the solicitors he names and shames amounts to criminal behaviour.

Kordowski originally claimed £1m damages, then applied for summary judgment in his favour, a declaration that Hudson's statement was false and defamatory, plus an apology and £10,000. Striking out the claim as an abuse of process, Mr Justice Tugendhat said it was not a case for summary judgment as there was a conflict of evidence and it was impossible for him to say that the defence had no real prospect of success. Tugendhat made clear that although the allegation of criminality was very serious, the alleged wrong in the case was of a relatively low level of seriousness. Further to this he noted that the case before him amounted to ‘an abuse of the court process.’

Mr Kordowski, who has made a bankruptcy claim now must face a bill of £14,000 for costs. No doubt he’ll have something to complain about.