Saturday, August 1, 2009

A Divorce Battle From The UK: McFarlane v McFarlane

I thank Marilyn Stowe Family Law and Divorce Blog for her McFarlane v McFarlane: A Divorce Seesaw

Ivana Trump said, famously: “Don’t get mad. Get everything!” It appears that Julia McFarlane, the former wife of high-flying accountant Kenneth McFarlane, has taken these words to heart.
I suppose some here might wonder why I should make a note of such a case. Surely, lawyers like such cases? This could not happen here, right?

I posted this because it should give all a moment to pause and think.
  • Think how settlement and/or a collaborative procedure might have helped.
  • Think about how little the move towards a collaborative process can do against money and people with the will to spend.
  • Think what was really obtained at the end when weighing in the emotional and psychological stress is put into the mix.
I am not so sure that lawyers really like these sort of cases. We do earn our fees in these kind of cases but like? We know that the clients in these kind of cases have an excess of bile and resentment and those emotions will come down on heads - even if we meet our client's stated goals.

Better, for its rarity (although not as rare as the ivory-billed woodpecker) is the client who is happy enough with the result to thank us for the job done.

Few cases deserve a Carthaginian peace. Clients - think long before you decide on such a plan. Do not be surprised when you learn your attorney advises against such a plan. Listen carefully when your lawyer does advises compromise. Consider the why closely. Revenge costs money, time, and peace of mind.

Yes, you will find attorneys who will not debate the point and bill you accordingly, but a lawyer should be advising you what is in your best interests. Besides much of Indiana family law lacks the structure for revenge.

No comments: