Sabtu, 14 Oktober 2006

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Justice For Some, Aggravation For All

My office now automatically gives my clients my mantra about one they let the justice system into their lives the outcome is never guaranteed and it usually frustrates all involved. This week I again felt the need to look for another vocation. Opposing counsel of one of my cases, felt the need to acknowledge to me that his client was defying a directive of the court, but that basically my client and I should suck it up and move along. Of course my defiant self contacted the court with great indignation asking for an immediate conference with the judge to discuss this great injustice. After wearily agreeing, they told me to get the other counsel on the line. Opposing counsel, however, was otherwise engaged. "What??" I shouted into the phone, to an unsuspecting secretary. "I gave him the message," she said and proceeded to hang up on me. Still filled with vigor I called the court and was told that the judge was not inclined to jump up and down with outrage and that in just a few short minutes the clock would strike and the part would become vacant and that I should just try to have a nice weekend.

Now, you ask is this unusual? No I answer, it is all too familiar. There are times when a judge will become angry with a situation and fur will fly, but all too often this becomes merely another chore for them and nothing about a particular case, seems all that urgent.

Ok, you say, well what is I am willing to settle doesn't it end all the misery? Not necessarily I say. All parties must be willing to settle or you will need to wait until the judge finally forces a settlement by telling everyone what he is intending to do on a particular case and ends it all. I have had cases where a judge's push did not end it all even where he made it clear what he was going to decide, some attorneys and/or their clients feel they are entitled to their trial. $10,000 later the judge rules the way he indicated and everyone feels exhausted and cheated. No one is ever happy with the outcome or their lawyer and again we have the perpetuation of the lawyer haters and channel 21 advocates against "the system." Ask any attorney if they want the justice system to handle their marital breakup. None of us do, we opt to settle; as quickly and quietly as possible. Sometimes handing over those brass candlesticks at the very beginning can save you $20,000 in legal fees down the line.
Chocolate Martini's anyone??

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