Showing posts with label Jury Trial. Show all posts
Showing posts with label Jury Trial. Show all posts

Monday, January 17, 2011

It has been a month

I'm not too terribly surprised that it has been over a month since I last blogged.  So much has happened with getting the boys through another semester of school, then Christmas, then New Years, then one of the boys' birthdays then Snowcalypse (although with the unexpected break caused by Snowcalypse I would have thought I'd blog more, not less) and finally, a presentation I delivered on the United Nations Agreements reached in Cancun in December.

Still, all of that is a poor excuse for neglecting my nightly blog duties.  A pox upon me for loafing.

The Firm continues to do exceptionally well.  Looking back at 2010 we actually helped more people than in 2009 which was an astonishing accomplishment in this economy.  Of course, you are familiar with our successful battles in Cyprus in getting little girls returned under the Hague convention and preventing the departure of a boy to non-Hague country, Nigeria with only 24 hours' notice, and the location and rescue of a boy who had been abducted by his estranged and violent father.

You no doubt recall reports of the trials, now too numerous to mention, but capping off with that $500,000 alimony award when the opposing counsel had asked the jury for $3.2 million.

All in all, while 2010 could have been better for our nation and our clients, it was not a bad year for The Firm.

So, now I'm back at the late night keyboard, typing out a line, reaching out into cyberspace, and dropping a few observations about this curious profession and the practice I've chosen and so dearly love - Family Law.

Stay tuned...

Michael Manely

Tuesday, November 16, 2010

Where have I been?

It has been almost two weeks since I last visited these pages, now often a part of my nighttime ritual.  You may well ask, where have you been?

I have been doing that rarest of rare things in family law, a jury trial.  Our trial was conducted In Fulton County Superior Court (http://www.allfamilylaw.com/CM/Custom/Fulton-County-Judges.asp) over three days: Monday, Tuesday and Wednesday last week.  The jury came back with its verdict at 8:00 p.m. on Wednesday night. 

It was a divorce case.  Twenty-six year marriage.  Three grown kids.  My client is a medical doctor.  Very nice guy.  The opposing party is an attorney.  She hasn't practiced since the second year of their marriage.  The significant issue was alimony.

Opposing Counsel wanted to play it up for the jury.  His case was full of drama complete with heroes and villains (my client was cast as the villain).  Opposing Counsel's problem is that he had no facts to back up his theme.  And his client, as I told the jury is a very nice lady, didn't have the best of stories nor the best of presentation.  So, Opposing Counsel had no facts and his client had no presentation.

The Opposing side wanted the jury to award them 3.2 million.  The jury awarded them less than one-sixth of that.  We were prepared to offer them more than what the jury eventually awarded had Opposing Counsel's demand not been so extreme.

What is the moral to the story?  If Opposing Counsel had ever taken the task of settlement seriously rather than be consumed by slaying the dragons of his imagination, he could have helped his client far more.  Opposing Counsel wanted so desperately to play the hero.  At the end of our tale, that was not the role he wound up playing.

Michael Manely
http://www.allfamilylaw.com/PracticeAreas/Divorce.asp