Tuesday, January 16, 2007

JQ75 Esq, co-counsel

Finally a win-win situation. I wonder what caused the turnaround. Maybe my lawyer wants to reduce the potentially high costs of trial for one reason or another (to avoid getting stiffed). Maybe the senior partner talked to him. Somehow he has gotten over his God complex and is willing to work with me.

I know the details, I care about them. And I can package them, summarize them, in a format suitable for court. I’ve done it in a previous civil action, I’ve done it with previous lawyers.

So why should I spend hours (and many dollars) explaining all these details to a lawyer who doesn't care and won't remember them anyway. The point became crystal clear from the opponents proffer. An easy point of confusion is that my wife and I both have 401Ks at a common provider. Since we’re talking about a period now going back 16 years, companies have merged, born and died. It isn’t easy or quick to follow.

So the lawyer asks me if I’ve looked this over. I said "yes, quickly". He asked, "Can you go over it in detail and give me a summary of how it relates to our position." I said "Well it really doesn’t relate to our position at all, it is a lot of paper flow on her 401Ks." Then he said in disbelief, "But we had no point of contention on her 401Ks, we accepted her position, what is the purpose of this?" I responded, "Well it increases her billable hours and then you can read through the big stack of redundant crap and increase your billable hours." There was a pause. And so I asked "Is that not consistent with her every action in this case as well as her MO in her other cases?" He said I guess so. He asked "and the 2nd package she sent?" I said "it is very similar and in some cases redundant with the first."

My lawyer has had a self esteem problem. He hasn’t taken direction or suggestions well. He has bristled. But now, in a humblier tone he asked, "Could you review all issues in dispute, gather the supporting documents and package them as defendant’s evidence exhibits?" Well sure. He asked "Can you identify any missing evidence and what testimony would be needed to overcome that?" Well sure. "When can we meet to review it?" I’ll have a working draft Tuesday.

So finally a cooperative effort. Should I care that I’m “doing his job”? There are several advantages to taking an active role in your case.
  • A large savings
  • A sense of empowerment replacing helplessness
  • A sense of control over your destiny
  • An improved outcome based on your understanding of the detailed history and your caring about the outcome
I have a resource who has counseled me during this time. One of their main themes has been "Be Effective". Having me do the math and details rather than a high priced lawyer is effective. I just wish this could have been realized so much earlier.

To some extent I have directed the lawyers and provided material all this time, it just wasn’t that well embraced. Now it has. To me it smells of senior partner intervention (it looks like his handywork, his style). Or maybe it could be Karma.

At any rate, I’ll take it and thank God for it.

So the opposition has got a double edged sword coming at her. But wait, what do I have up my sleeve, yep a third card. Hired Bitch you’ve caused me a lot of grief, and there are no winners in this sadistic game, but I will leave my mark, it won’t be pleasant for you either. It won’t be revenge, it will be a lesson.


Status: First Draft - Last Updated 1/17/07 1:30 am

5 comments:

guttergirl said...

I want to hire you as my lawyer.

JQ75 said...

As I say on my legal notice on my web site, I am not a lawyer, but after two years dealing with three law firms you pick up a few things… Thanks for the vote of confidence.

I can’t practice law or give legal advice. I do relay my experiences I’ve had as it might relate to readers questions.

Did you see my Sept 15 post to Turtle’s Tears? Do you need a class action suit against all the male players out there? Give a listen to the song link in my comment. Take care, stop by here or private email in my profile.

uncertain girl said...

Hiya Jake - oh, I answered you on mine and I named you Jake. *grins*

I really dig that you take such an active role in your proceedings. And you save cash. =)

Thanks for your well wishes. They are much appreciated.

Maybe you can hire yourself out as an advocate to supplement your court costs. That would be cool. Karma in action. Oh yeah, wicked cool.

Sleep sweet.

Leigh said...

It is Karma.

Hope you are having a good day.

JQ75 said...

The lawyers don't want you to take an active role, so they can charge you more. If you get up against an old school pit bull (like my wife's lawyer) then they try real hard to build legal fees. That's why I'm excited by the turn around.

As an advocate for someone else, where I'm at an arms length, where it isn't my son, isn't personal, I could really kick ass. It's the personal torture and it's effects on me that interrupt my concentration. If I was helping someone else I could fully concentrate. I think there should be an advocate buddy system, to deal with this “too close to it personal effects”.

Thanks, Leigh, stressin a little, need to get a lot done. Thanks. How’s it going for you?