Am I Going to Win?
Win what? It has often been said that no one wins a divorce
case. After all, the end result of a divorce is a severance
of the family unit. We will do all we can to see that all
issues are raised, and forcefully advocated, that your case
is structured to your advantage, and that you "lose"
as little as possible. Our job is to advance or protect your
legitimate claims and interests with zeal and skill. However,
if your goal is to punish your spouse or to win by way of
an all-out, no-holds-barred victory, then we recommend you
retain another law firm, as in most such cases your goal is
unattainable.
Many clients see lawyers as gunslingers to venture
into a forum where "anything goes." That is not
the case, especially in a small state like Nevada where the
Judges know the lawyers and where this firm practices in front
of those judges almost daily. The Courts want to follow the
law and apply it as fairly as possible; after all, the Judges
value their reputation and integrity, also.
The gunslinger image is simply wrong. Note the
following from the Rules of Professional Conduct which include
the obligation of lawyers:
· To counsel no other actions except
those which appear to be legal and just;
· To employ only such means as are
consistent with the truth;
· To never mislead judges or juries
by any artifice or false statement of fact;
· · To advance no fact prejudicial
to the honor or reputation of a witness;
To refrain from bringing or defending cases
or assertions or controverting issues unless there is a
basis for doing so that is not frivolous;
· To refrain from making false statements
of material fact to tribunals;
· To refrain from offering evidence
that the lawyer knows to be false;
· To refrain from seeking to influence
a judge or a juror by means prohibited by law;
· To refrain from knowingly making
false statements of material facts to witnesses; and
· To refrain from using means that
have no substantial purpose other than to embarrass or burden
witness.
This firm enjoys the success it does because
we have scrupulously tried to obey our ethical duties. The
credibility of our present clients is reinforced by our past
years of candor and honesty. We will fight as hard for your
rightful share as we can, but only within the rules.
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How Long Will
It Take?
It is difficult at the onset of a lawsuit to foresee how long
it will take to complete. We are better able to give you a
range of time after the case has been partially prepared and
we understand what is at issue. The time involved is primarily
based on three factors:
1. The number and complexity of the contested
issues;
2. The intensity of feelings between the parties
and whether there is an inclination to settle; and
3. The court's calendar. A hearing is requested
according to the amount of time needed. A brief hearing
can usually be scheduled within 60 to 90 days. A full divorce
trial, taking a full day or more, usually must be scheduled
six months to one year in advance.
By far, the factor which makes lawsuits last
longer is the intensity of the feelings between the parties
and how much the parties want to fight.
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How Much
Will It Cost?
It is difficult to make a realistic estimate of the total
fee until we know what issues will be contested and the intensity
of the parties' feelings. The parties, not the lawyers, determine
the amount of attorneys fees in their case. If the parties
want to settle, make compromises, and end the matter quickly,
they can do so. If the parties do not trust each other, want
to complete discovery of all assets and liabilities, and argue
many issues to the bitter end, no matter what the issue is,
the process becomes very long, drawn out and expensive. Going
to trial is almost always more expensive than settling the
lawsuit.
When we discuss "expensive," you should
be aware that you will pay three ways-with your time, the
hole in your stomach, and the hole in your pocketbook.
1. Time. You will have to spend your time
to prepare your lawsuit. Your spouse does not prepare your
lawsuit; your spouse's attorney does not prepare your lawsuit.
Your attorney prepares your lawsuit. We do that with your
help. You must make a commitment to put time into your case.
It takes hard work. If you are not prepared to spend the
time and do the work, then your case will not be as satisfactorily
or inexpensively prepared as it would be if you made the
expenditure of time.
2. The Hole in Your Stomach. Many health professionals
will tell you that experiencing a divorce is one of the
most painful things you will endure. Your emotions will
likely roller-coaster. It is unusual for both parties to
have the same degree of emotion over ending the relationship
and, therefore, one party is very often emotionally hurt
along the way. We know that one party is usually the initiator
who has worked through the hurt and grief caused by the
end of the relationship even before the other party is aware
something in the relationship is wrong. If you are not the
initiator (no matter who the legal plaintiff may be), then
the path toward knowledge and acceptance of the end of the
relationship must still be traveled. If that is you, then
divorce can be an extremely painful process, which is one
reason we strongly recommend counseling. If it is not, you
may have an angry and irrational spouse to deal with in
the legal arena. Doing emotional (and financial) business
through lawyers is the most expensive (and perhaps least
productive) method.
The more issues raised, the more painful the
process and the more ways to drag out the matter and punish
the opposing party. You should be aware of this, and we
will call this to your attention when we see this happening.
We strongly urge you to read Diane Vaughn's book Uncoupling
to gain insight into the process which ends relationships.
At our initial interview we should give you a copy of the
book, but if we do not, please ask. You may suggest that
your spouse read the book, too. Our clients have uniformly
praised it.
3. The Hole in Your Pocketbook. Because preparing
and trying a lawsuit is very expensive, we want you to scrutinize
the issues at an early stage and determine what issues can
be settled. We do not recommend making unreasonable or unnecessary
concessions, but we recommend you look carefully at the
issues that separate you and your spouse. You do exercise
some control over issues and so if there are concessions
you can make that will bring your case to a speedy conclusion
and thus reduce your fees, please consider making them.
You should weigh the price that you pay with your time,
the hole in your stomach and the hole in your pocketbook
to determine whether certain issues are worth litigation.
The attorney sells his or her time. If you
can save the attorney time by doing some of the spadework,
then your money will be more efficiently used.
4. The Other Hole in Your Pocketbook. Because
preparing and trying a lawsuit is emotionally and financially
draining, your spouse may try to bully you by taking extremely
litigious and contrary positions. Settlement demands may
be so unreasonable that you must simply endure the hardship
and fight for a just and fair result. While the costs of
litigation may be great in the short run, what your spouse
demands to avoid them may be just too much. By definition,
a divorce will involve your livelihood and your fortune
(and if you have them, your priceless children), and that
is something worth fighting for. By being reasonable yourself
and understanding our advice, you may have to make the decision
to resist being tyrannized or blackmailed. Being willing
to go to court to protect your rights is not the same as
being greedy or unreasonable. If you are advised your position
is reasonable and your spouse's position is unfair, you
should be ready to do what you have to do to protect your
legitimate interests.
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