I'm being pressured into a sucker's sweetheart settlement agreement. The opposition has been completely unwilling to have any discussions at all.
My lawyer justifies this as, "Oh we have to do what the judge says, so this can be ended" on March 12 at the sixth Phase II Trial Date. Well I don't mean to rain on my own parade, but who are you trying to fool here. That smells like bullshit, and I'd rather pass. Rather than harassing me, why not get the judge to do his job and decide if the oppositions lack of cooperation in even talking about any of this is appropriate. Oh, we'll do that IF she continues to be uncooperative after this proposal. We've been doing that for 5 Trial Dates, what is so special now? In baseball you get 3 strikes, not six.
Then in a completely idiotic tone, he asks me, "Don't you want to get it over with?" Yeah, jackass, why don't you do something different than the last 5 of your failures? Why don't you talk to the person who's causing the delay with a little of that firmness? Afraid of the old bag? (my wife's lawyer). Maybe she reminds you of your own Mommy and you just can't say no to her? What a wimp, what a pussy.
Then he implies how much of her lawyer's fees I should pay? Uh, I'm not in the habit of paying for someone to screw me. And besides I'm already paying you and getting screwed. Hell it's a damn orgy with all the lawyers, Guardian, Evaluator, Court Fees, I'm getting screwed with, and apparently everyone is enjoying it except me.
So then he says, oh her lawyer typically asks for a ridiculous amount and has nothing to back it up, so we'll have to litigate it in a Phase III trial. I can't wait to see the amount, it will be so funny. Not to me ! So now you are admitting that it is impossible for it to be over next week? Well, uh... Typical lying sack lawyer, talking out of both sides of their mouth.
Why must we wait for a week when you know what she'll do? How about some proactive prevention here, how about plan B?
I'm a realist and I won't take the bullshit bet, I bet that it won't end next week. I'd be thrilled if it would. But promised dates have come and gone. Until someone stands up, makes a decision, and kicks some ass. Now that's not macho talking, that's an observable fact, for the last 2 years. Reasonable efforts have been plied and died. If my lawyer or the judge doesn't do it next week, I'll have to fire his ass, and kick her lawyers ass myself. It's the only thing she understands. I have no idea when it will end, it's a fool's bet. And I'm no fool.
Status: First Draft - Updated 03/05/07 5:25 am
Sunday, March 04, 2007
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5 comments:
are you thinking of representing yourself?
They say that someone who represents himself has a fool for a client. But having seen how bad the professionals screw up, I just have to think I could do no worse.
And I have reason (other than ego, which is usually in check) to believe that is so. When I fired my last lawyer and did some plain talking to the judge and opposition. I was able to cut through the crap. One reason is these lawyers are afraid of my wife's and I'm not. They let her get away with bullshit lies and I don't. The other reason is this old bag is very set in her ways and I'm an unknown, she just doesn't know how to deal with me.
And since (care of the sucker bet) I have received notice of intent to foreclose. And my lawyer is uncaring in that regard "oh don't worry, it takes a long time". "Maybe, but it looks pretty shitty on a credit report, and I don't need the added aggravation".
I could convince the judge that it is a serious issue with me, regardless of the supposed "no big deal" to the lawyers.
If the judge ruled against me, and let the opposition continue holding my assets, he would be risking some liability, poor publicity, and appeal in the foreclosure court. I think he'd rather not step into that pile of shit just to make the opposition happy.
Another reason is my upcoming post the $9K email that I'm writing now.
I would not advise anyone to do this lightly, but I think it's quite apparent that I'm desperate. And I have done my homework, I have been Pro Se on this and another civil case, so that helps. I still go in with some trepidation.
We'll see, it's only a week a way.
oh gosh, let me know how it goes. You are venturing where none of us have dared to venture before!
Frankly I hope not to do it. It's risky, because I'm not a lawyer and I have a short fuse at this point. Especially for the holier than though court.
There are two things that will cause me to. No progress on Trial Date six causing another Phase II trial date to be scheduled and no release of funds for foreclosure.
The last time I was Pro Se for this case, I could not help but proclaim my indignation at using my son as leverage. I stated that "anyone who would stand by and allow it was abusing my son". That was basically an insult to all present, the judge made a gesture, and the bailiff escorted me out the door. Later the judge called me back in and said, "no error at law was made".
But I think I made an impression on the judge that I am sincere, that I care, and as I've said, he now greets me in the hall by name, as he passes my wife sitting like a statue.
Last time the judge denied my first motion to release counsel and granted only limited Pro Se. This time he would be within his rights to not allow it because it is in trial. But I'd expect to be called into chambers to testify on why I asked the court for such a drastic measure. This is when I'd get my 15 minutes of Pro Se. This is when I could say what my lawyer was afraid to. To the judge and to the opposition.
The travesty of the whole thing is you'd think for that kind of money you'd get some protection, an advocate, instead you get someone who dances on the court room floor and just makes things worse.
The pressure must be getting through, today there was a delay in sending out the settlement until all my issues were addressed.
One of the senior partners has been involved since my "Plan B" post. My lawyer even checked with the other senior partner who hasn't been active on this case.
It's one thing to give in to a negotiation, it's another thing to give up. I think he is starting to understand that distinction. The proposed settlement is generous, especially considering how she behaved. Any thing more would be killing the victim (me).
I have to push my lawyer to recognize and sell this to the judge. I've given up plenty to resolve this case, and all my wife has done is delay and say not good enough. She won't even counter, it's just more, more, more.
My wife has dug herself an indefensible hole, all that is needed is for my advocate (lawyer or me) to clearly point out how unreasonable she's been.
That's the risk of negotiating like a stone wall, when it escalates, she can be asked, why were you so unreasonable? While I have been firm in my negotiation, I have moved a lot, so that question will not apply to me and if it is asked anyway (because my lawyer didn't advocate well), then I will have plenty to say. She will be a silent statue, just as she is every other time.
I am in a defendable position. I just want to make sure it is defended.
Sol, thanks for the comments, I hope your case is nearing conclusion.
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