In one of the earliest posts I did on this blog going back ten years or more, I posited that you can only really settle when the time is right
Continue Reading The Inability or Refusal to Settle By the Lawyer, Not the Litigant
Bad Faith
Don’t Expect Opposing Counsel To Control the Unreasonable Client
We have all seen cases where one of the parties is unreasonable if not out of control. I am not talking about taking a hard of aggressive legal position. I…
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Beware The Client That Tells the Lawyer How to Try the Case
Most clients hire their lawyers for the lawyers expertise and experience. There is an expectation that the lawyer will guide the client through the process, given them the strategic options,…
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Mind Your Manners
Credibility is key when it comes to matrimonial litigation – from your initial filing through the last day of trial. In our practice, we can often make educated guesses of…
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How Not to Settle Your Case – Part II
Last year, I wrote on this blog about “How to Not Settle Your Case.” This case on the heels of several months of “interesting”, to say the least,…
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Dealing With The Diversionary Negotiator
Recently, I did a blog entitled Putting a Stop to Threatening, Bad Faith Negotiations. In that same case, what preceded the threats, were bad faith diversions or refusals to provide…
Putting A Stop to Threatening, Bad Faith Negotiations
Recently, I was involved in a negotiation that seemed, for the first time, to be moving in the right direction. However, at one point when it was getting toward the…
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Fighting Over Principle Can Be Expensive and Harmful
This week, I was told by an adversary that her client was taking what clearly is an unrealistic position as to custody and parenting time, "on principle." I have another matter where a spouse is delaying the matter on principle, because he doesn’t want his spouse to move on with the new significant other. I tried a case earlier this year, clearly over principle, because the wife wanted permanent alimony in a marriage that clearly warranted a term of years and over her demand for 50% of the value of his medical practice, when a lesser percentage was appropriate. Another client wanted us to file a motion, on principle, over a minor violation of a parenting time agreement during the hurricane. In another case, a party is seeking virtually all of the equity in the marital home, clearly on principle, though the law would not suggest she is entitled to anything more than 50% under the facts.
All of these recent examples remind me of a blog post that I did in 2009 entitled "Musings on Principle vs. Litigation." The examples, however, suggest at least two different classes of standing on principle. In the first, someone has a meritorious claim or position, but the cost of litigation exceeds the amount at issue, and/or though right, they are fighting a fight that they don’t need to fight, just to win. As I recently told a family member who was getting divorced, sometimes it is very expensive to be right.
The second class of "principle" is the crazy principle where you think you are right, but you really aren’t right. Not only that, you aren’t listening to your lawyers, mediators, settlement panelists, judges, friends, etc. who are telling you that your position isn’t right. Rather, these people are embarking on a holy crusade, either to punish the other party or for some other improper reason.Continue Reading Fighting Over Principle Can Be Expensive and Harmful
How to Not Settle Your Case
Having just experienced several months of "interesting", to say the least, negotiations on several matters, it got me thinking about creating a list of things to do if you really…
Economic Coercion Does Not Always Do the Trick
Oftentimes, a less economically able party is faced with a spouse or former spouse who insists on litigating time and again simply because they can, hoping that the “war of…
Continue Reading Economic Coercion Does Not Always Do the Trick