Monday, September 20, 2010

I Don't Get It.

Last week we had the hearing to end all hearings.

Actually I'm being a bit melodramatic.  It was a big hearing, potentially laying either party to waste.  My opposing counsel hails from the highest paid family law firm in all Metropolitan Atlanta.

The hearing was a long time coming.  There were many discussions about the case, the issues, and potentially how to settle it.  Time after time I came back to the same recommendation on how to settle the case, if they wanted to settle the case.

But the opposing party, through his counsel, stonewalled.  They did everything they could to put off the hearing, even at the last moment as the Court called the case.  All along they offered nothing but platitudes, empty air containing nothing.  Not one dollar, not one farthing, not one half penny was placed on the barrel head to put the issue to bed.

And my recommendation was quite modest.  It was the most likely outcome to bridge the matter to a longer term solution.  It took care of temporary issues and began to create a foundation from which the parties could work.

Still, no tangible offer ever came.

So, we had our hearing.  And the opposing counsel pulled a 12th hour surprise expert accountant to support the opposing counsel's theory of the case.  Of course the expert agreed with me that his analysis had to be flawed to get to opposing counsel's results and that the opposing party really didn't produce anything that the expert could use to verify the opposing party's contentions.

And in the end, the Judge ruled almost exactly like my recommendation expressed so long ago and oft repeated.  The modest, logical proposal is how she decided, with a little gravy thrown on for my client.

And now, in the circles that the couple used to run, comes the report that the opposing party is claiming victory.  Victory for having his extremely dirty laundry exposed to the Court?  Victory for paying thousands of dollars to an expert for nothing?  Victory for paying thousands more to an opposing counsel when the funds could have much better been used for the parties, not their lawyers?  Victory when the opposing party offered $0.00 and I proposed less than what the Judge now requires?

I don't get it.

I like trial better than the next guy, perhaps better than most lawyers, so I had a really good time impeaching the expert and this ridiculous opposing party, but I've still got to say it was a colossal waste of time and money, given that the other side could have done what I suggested in the first place.

"I told you so," just doesn't make me feel any better.

I just don't get it.

1 comment:

  1. Some people just like to fight. The amount of time and money wasted is of no concern as long as they get their fight on. So I guess the opposing won in that respect. Wasteful, indeed.