No Litigation Hesitation

, , , , , , | Legal | October 23, 2018

I am a very experienced, expensive lawyer who has worked in the area of family law for over nineteen years. I am well known in my field, and have acted for people in expensive, protracted disputes.

I say this because the capacity of some clients to think that for “reasons” they know more about family law than I never ceases to amaze me.

My favourite was when a client was determined to take a course of action (involving the commencement of litigation rather than trying to resolve matters by way of a negotiation) which I had no doubt would cost him more in legal costs and result in a less favourable outcome.

Because I’m not an idiot, I advised him against his preferred course of action clearly, and confirmed my advice by way of letter, which he countersigned.

About a year later, the client had spent maybe $30,000.00 more in legal costs than he should have, and received the same, if not worse, outcome than would have occurred in a negotiated outcome.

Somewhat unsurprisingly, he was furious with me, although he knew that my advice had been clear and, because he’d countersigned the letter, he couldn’t deny receiving it.

I asked what on earth I had done wrong. His response will live with me until my dying day:

“YOU SHOULD HAVE WORKED HARDER TO CONVINCE ME.”

Sometimes… I just can’t.

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