Meddling Friends No Help in Divorce

If you are going through a divorce you need all the support you can muster, particularly if you find yourself in the midst of the “affidavit” wars, a stage of divorce litigation where nasty allegations fly fast and furious, and usually turn out to be highly exaggerated and embellished.

It is not unusual for clients, particularly female clients, to visit their lawyer’s office with a sympathetic friend in tow, a practice that I do not discourage subscribing to the theory that friends make the burden lighter.

However, with the recent explosion of “grey” divorce, family law lawyers have noticed that the adult children of their clients are “interfering” in the process, making their jobs more difficult.

Sometimes the interference is the intentional undermining of the legal advice provided by the lawyer to their elderly parent, other times it is directed at the adult offspring’s concern about the loss of their future inheritance, or their desire to force the reconciliation of their parents, a goal that while laudable, may not be in their parent’s best interests, particularly where the marriage is marked by chronic family violence.

Whether the adult child is cajoling their parent to rewrite their will, or sending abusive missives to the parent they deem to be the “guilty” party, most of these tactics only serve to escalate the conflict between their parents.

Well-known British divorce lawyer and media commentator, Marilyn Stowe, remarks:

“A client should be able to rely upon their legal team 100 per cent. Friends (and family) play a completely different role, which is socially centred. It is free of the professional ethics, scruples, obligations, privilege and confidentiality that are the lawyer’s domain.”

Certainly, if you are paying a lawyer hundreds of dollars an hour, it is most unwise to discard their professional expertise in favour of a friend or family member, who “only wants to help”, but may have little real insight or knowledge of the process or the law.

Frankly, if you have so little confidence in your lawyer’s advice that you defer to your girlfriend, who has been through two divorces, or your son, who sees his “meal ticket” slipping away, you need to seriously consider hiring a lawyer that commands your respect.

Lawdiva aka Georgialee Lang

Family Law Firm Tells It Like It Is

DSC00258_1I don’t know about you, but I like people, companies, organizations etc. that tell you what they are really all about and where they are at.

For most of the public, law firms are not particularly transparent entities. They deal in complicated subject matters and use complex language to describe what they do, if they ever explain it at all.

Not so, however, with respect to the Columbia, South Carolina law firm of Pincus Family Law. Their firm website tells you exactly what they will do and what they won’t. Their critics say their to-the-point abruptness can’t be good for business. Consider the following excerpts from their website.

Under the heading “Client Expectations” the following paraphrased rules are set out:

1. They do not work weekends and they will not provide clients with a weekend emergency number;

2. They will not routinely respond to email from clients on a weekend, however, if they do on occasion respond, this is the exception and not the rule;

3. They are good at what they do but they are not perfect. They are human beings with the same frailties as their clients. If a mistake is made, they will fix it quickly, but they do not expect to be harangued or insulted by their clients for human error;

4. They will return client phone calls in the order they are received by the firm, subject to their assessment as to client priority. Calling their office three or four times a day will not change the priority assigned to a call;

5. Legal Assistants and Paralegals are available to answer clients’ questions and provide status updates and their hourly billing rates are substantially less than the firm’s lawyers;

6. Being “nice” to your spouse during the divorce process is a laudable goal, but do not expect to get any concessions or consideration from your spouse as a result of your civility;

7. In the litigation process, your spouse’s lawyer will file documents called “pleadings”. These pleadings will contain allegations that may be upsetting to you. Don’t waste your emotional energy fretting over these documents. The allegations are “standard-operating procedure” and may or may not be true;

8. Courtrooms are overbooked and often there are an insufficient number of judges to handle all the scheduled cases. Don’t blame us if we cannot obtain hearing dates as early as you or we would wish. We have no control over court scheduling;

9. Your spouse may retain counsel who are “nasty” or who procrastinate. Once again, that is not our fault. We will work within the rules to keep your case moving forward but we cannot be held responsible for your spouse’s lawyers’ personality disorder or their delay tactics;

10. In divorce and family law, nothing happens quickly. That’s just the way the system is, so be prepared.

My impression? I love it! I have never seen a family law firm that has more succinctly identified some of the major client issues that cause friction between attorney and client. Certainly, many divorce lawyers operate on the same terms, they just don’t do their clients the favour of telling them.

As award-winning journalist Roberta Baskin has noted, there is a public feeding frenzy for transparency, and Pincus Law delivers all of that. Kudos to them!

Lawdiva aka Georgialee Lang

Biased Judge Removed from Divorce Case

GEO_edited-1Sir Nicholas Mostyn was a formidable divorce lawyer before he was appointed a judge in London, England in 2010. Nicknamed “Mr. Payout”, he had an illustrious reputation for obtaining large sums of money for his female clients and was among the most sought after barristers for the monied upper class.

Of course, many male clients clamoured for his services and he represented Paul McCartney in his divorce battle with Heather Mills. She sought $125 million dollars but was only awarded $25 million.

He also acted for Lady Diana’s brother, the Earl of Spencer, who later sued Mr. Mostyn claiming that his second wife received $1 million more in a settlement than she deserved because Mostyn failed to advise him that his divorce proceeding would not remain private, as there had been a recent change in the law.

The Earl of Spencer was forced to settle to avoid the fall-out of a public trial. The lawsuit went nowhere.

This week Justice Mostyn was subject to a rare order from the Court of Appeal, removing him from a case he had been assigned.

It is not uncommon to hear clients complain about judges who they perceive are unsympathetic, even biased against them, but it is a rare occasion when an application to remove a judge is granted.

In British Columbia if counsel believes there is evidence to suggest that a judge may be biased against their client, they may bring an application to have the judge removed. However, the tricky part is that the application must be brought before the judge you accuse of bias.

About 99% of the time, the judge will gamely hear the application but dismiss it. These applications are infrequent, however, I remember a case fifteen years ago where I brought such an application. At the time, my legal research indicated that the chances of success were extremely slight and true to form, the application was dismissed.

As for Justice Mostyn, the complaint against him included
the allegation that he had made up his mind against litigant Mr. Mann, who had cancer, had fallen on hard times and lived in social housing. Mrs. Mann brought the matter to court in her attempt to have her ex-husband pay her $2 million she said was owed her as a result of their matrimonial matter, following their separation in 2007.

Justice Mostyn threatened to throw Mr. Mann in prison if he did not pay his ex-wife the funds owed. Mr. Mann’s lawyer also argued that the Justice was generally hostile towards his client throughout the proceedings.

The Court of Appeal judges acceded to the claim against Justice Mostyn. Lady Justice Macur referred to hearings before Judge Mostyn in February and June 2014, describing ‘intemperate judicial dialogues’ showing that Justice Mostyn had made up his mind about Mr Mann’s ability to pay.

She also said: ‘During that time Mostyn J’s frustration is palpable and clearly arises from his obvious belief that Mr. Mann is deliberately and maliciously avoiding his legal and moral responsibilities.’

A new judge has been assigned to the case.

Lawdiva aka Georgialee Lang