I Want To Go To Trial

Once again I am subjected to the above mantra said by my mat clients as they express their desire to have a judge hear their story and correct the great injustice done to them by their spouse. My standard response is "how much justice can you afford?" This is meant to wake up the client who has already spent substantial legal fees to pursue this matter must now look at where we stand and decide whether to pay me to pursue their quest or try and come up with a happy medium with the adversary.
As I approach the bench to speak with the judge, he rustles his papers, shakes his head and asks why it is we cannot come to some agreeable terms. This time it is his client, but often it is mine. This poor attorney attempts to come up with ways in which to argue his clients wishes even though his rationale flies in the face of all acceptable law. "Find me some case law which supports your argument counsel.." Says the judge as he tries to give him some more ammunition with which to shoot down his clients objections. Finally I ask for a trial date. We are going no where fast and sometimes we need to actually get to the point where we call the first witnesses for this to settle. Trial prep aside, the colossal waste of time to get to that stage will cause us all a certain amount of anxiety especially as I ask the client to replenish the already empty coffers of his retainer.
ok, I say in my latest phone call to the client. Perhaps you should try to meet with her and work out something you can both live with without either attorney present. No, I don't think we will do poorly on this matter, but it will cost the client almost as much as the proposed settlement. If we can get her to be reasonable maybe it is worth a shot. Sure if you want we can try this..I don't feel we have much to lose here...but you need to be prepared to pay my fee.