Friday, August 21, 2009

Divorce Wars - Another Battle and the Role of Counsel

I will not be posting much on Friday - this post was written Thursday evening - since I have yet another post-divorce hearing where the former wife will seek to further harass me and make me produce another ream of financial information that documents the fact that I do not have the funds currently to pay her what she demands. Accepting financial reality was not a strong suit on her part during our marriage and apparently little has changed. Increasingly, however, I believe a significant source of the ongoing legal circus is the fault of her latest attorney who, in my opinion is milking the ex-wife for all she can in terms of fees and taking advantage of the ex-wife's apparent thirst for vengeance. An ethical attorney would not take matters aimed solely at harassment and unnecessary litigation just to make more in fees.
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I have been in the legal profession for over 32 years and in my opinion, the former wife's attorney is one of the most ethically challenged I have encountered. Based on her bar card number, she's relatively new to the profession and she lacks years of experience. Moreover, again in my opinion, she has no qualms lying to judges and misrepresenting facts or resorting to gay bashing - the reason why I now have a court reporter now at every hearing to keep her and homophobic judges more honest. She even seems to delight in making gratuitous snide comments and remarks aimed at me or my attorney - out of the ear shot of the judges, of course.
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It has been my experience - at least among the corporate and commercial law bar - that one's word and reputation for ethical conduct as an attorneys are as valuable as gold. Trust worthy attorneys can agree on issues and matters can be more expeditiously resolved without needless nastiness and litigation. In fact, I once had a large multi-million dollar deal close and fund on my mere verbal assurance that I would issue a particular opinion post closing that the tax-credit purchaser requested. Honesty and above board conduct are invaluable in working with other attorneys - something that the ex-wife's attorney has not, in my opinion yet learned. Perhaps she never will. The reality is that if one is labeled a liar and a snake the word gets out and that attorney's clients will ultimately suffer in the form of lost compromises and increased fees and costs.

1 comment:

Java said...

Good luck today, Michael. I hope you survive unscathed in this round of the ongoing battle. Big hugs for moral support, friend!