| Perseverance & Adjustments |
I learned a big lesson this last week or so. A few months ago, my client and I went to a temporary orders hearing where the other side was asking for all sorts of money and trying to raise some serious doubts about what my client's real earnings - and therefore, his real ability to pay her huge requests - was. We didn't do horribly at the temporary orders hearing, but we didn't do very well either, and the judge noted that he had a lot of skepticism about what my client's true income was.
Fast forward a few months, and we were at the trial. Our whole strategy was getting around this "skepticism" that the judge had about my client's income. With the extra time that we had at trial (compared to what we had at the temporary orders hearing), we were able to call my client's boss, who spoke very clearly and very convincingly about what my client was actually making. With the additional time, my client was also able to give very specific testimony about his work, his accounts (including names and dates), and his actual income. I was also able to get his wife to admit - she actually admitted this! - that she really didn't know what his job duties were, and his testimony on the subject would be a lot more reliable than her conjecture. At the close of the trial, the judge went out of his way to tell us that the skepticism he had about my client's income was now gone.
The moral of the story? I think there are two of them. First, don't give up. We have the ability in family law cases to resolve concerns and straighten things out, as long as the truth is there, and it really supports our position. Second, adjustments. Court proceedings are a lot like sports, where making half-time adjustments, so to speak, is extremely important. It's an ongoing battle, and whoever can make the appropriate adjustments many times will end up with the upper hand and win. Sure, it depends on the actual facts of the case, and no lawyer can change facts (and an honest lawyer won't even try to change to facts). But it is very nice to stick with something, make those adjustments and come out on top. |
Posted By Mark Shields on May 01, 2010 09:00 am | Permalink |