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Attorney at Law |
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Snatching Defeat From
the Jaws of Victory
By Ed Adams ll/l/09 Objective: The objective of this article is to provide a description of a case referred to me that defies all logic and hopefully helps my readers to know when they may be receiving poor legal advice. Summary: In my law practice, many cases are similar. However, once in a while, I run across circumstances that defy all logic. The facts have been modified to protect the guilty. I will highlight the areas that should be avoided at all costs. The case that gave me the greatest pleasure, in a perverse way, is one that I will label "The Wrath of the Black Widow Spider and Her Helper". I represented the husband in a divorce action brought by his wife. The couple had been married for twenty-three years. They had no children. They both had high paying jobs. They owned a home, automobiles, and other property. The marriage, by all appearances, seemed to be ideal. The wife just wanted a "change". Along with the complaint for divorce there was a proposed settlement. After reviewing all the financial records, I advised my client that I believed his wife was asking for too much and we should attempt to reach a better deal. It is probably safe to say that I have never met a more caring, genuine person than my client. His response was that he did not wish to put any stress on his wife and we should agree to the settlement as written. Reluctantly, I complied with his wishes and wrote an acceptance letter which he signed. Being familiar with opposing counsel, I was not surprised to receive a letter stating that the offer was no longer valid and they would be seeking much more money. To accomplish their goal, my client and I were subjected to three brutal months of depositions, interrogatories, audits, and general unpleasantness from his wife's attorney. My caring, genuine client was still a model citizen, but no longer so caring. He decided to fight back. He hired private investigator to uncover any hidden assets on her part and to uncover any possible infidelity. I advised him that he might not like whatever he might find. The opposing attorney had pushed him too far and he insisted on moving forward. The private investigator was able to secure the following information: The wife had a six figure retirement account paid by her company. The wife had purchased a condominium with her lover of four years. The wife had a separate savings account. My client was devastated but also relieved. The arrogance of the wife's attorney cost his client dearly. Part of the proposed settlement consisted of alimony to be paid over ten years. Since we were able to show adultery as the cause of the marriage breakup, alimony was denied. My client was able to claim a portion of the wife's retirement and the wife received a much smaller settlement than originally agreed. The best outcome was that my client was awarded attorney fees because of the unnecessary and abusive litigation. The wife was proven to be very different from the way my client saw her. I sincerely believe that she was happy with the original settlement. She was misled by her attorney and paid the price. |
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