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.

If you would only listen to me.

Tonight I write to my opposing counsels.

I always play straight with ya'll.  No line, no going off the deep end (okay, that time singing on the table during mediation was a bit out there but it made my point), no hostilities, no being so entrenched that I can never hear your position.  I'm not going to tell you that my client walks on water.  I haven't been that way and I'm not going to be that way.

So when I tell you what I think is the right answer, listen to me.

I know this is not your first rodeo either, but without histrionics and without error I can call it down the line almost every single time.  If I were a sailor, I could tack to any wind.  If I played pool, I could bank any shot.  If I played ball like my eldest, I could drop a ball through the second base hole for a hit any day.  So, Opposing Counsel, don't doubt it, don't fear it, use it. 

And don't stretch it out. The other day, an Opposing Counsel told me that she couldn't settle on an issue because she couldn't show any concession to her client. She couldn't show any concession to her client? She was playing this drama for her own moxie? Oh good Lord. If the opposing counsel's image needs to be protected from the opposing party, just how good do you think it's going to go down when the judge cites chapter and verse of how I said the case was going to resolve? Just how good will Opposing Counsel's image be then? "I couldn't settle for you and keep you out of court because I would look weak.  So I sent you into Court with all the stress and anguish, so that you could hear the judgment from the Judge exactly as Mr. Manely predicted. Now don't I look cute?"

No, you look nuts.

And I don't have any "in" with the Judge.  I know them.  It's my job.  But there is no special deal here.  There is just 21 years of working this street day in and day out and developing an extremely deep feel for how it's going to go down.  I just know justice.  I can predict it.  There's a right answer, and that's the answer I'm going to go for every time. Straight.  Period.

I won't take advantage of your client.  As my client said today, that's not kosher.  I'll tell you how it all plays out with all my case's bumps and bruises, warts and all, and I'll even sing your client's song when it is warranted.  So, stop the falderal and cut to the chase.  Make the deal.  Sign the docs and tell your client they had a good day, because they have.  Because, if I'm involved, there's enough justice to go around.  And nobody deserves anything more than justice.

But everybody deserves justice.

Just listen to me and settle.  That's all I'm asking.  Cause I'll tell you, while I really enjoy basking in the warm glow of the Judge ruling exactly the way I predicted, I far more enjoy getting justice done by settlement.  It is better for everyone, particularly the parties.

And its the parties that matter.

So, can we talk?

Michael Manely