Making a complaint about opposing counsel to advance your case is a dangerous game, warns Susanna Heley

An interesting facet of the cultural shift in attitude towards regulation and regulators over the last 15 or so years is the rise of the tactical complaint. Whether made to a regulator or to a judge as part of litigation, a tactical complaint is one which is made for the purposes of advancing one’s own (or one’s client’s) position either by seeking to discredit one’s opponent or adviser or by seeking to drive a wedge between adviser and client by creating a conflict arising from alleged regulatory non-compliance.

Litigation tactics

Ironically, the apparent increased awareness of regulatory jurisdictions does not seem to correlate with a rise in understanding of the proper approach to q...

Susanna Heley
Partner
RadcliffesLeBrasseur

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