As an experienced divorce litigator, I am often amazed at how litigants (and their lawyers) often lose sight of what they are fighting over when it comes to the division of assets. What I mean by this statement is that a cynical person may interpret an unwillingness to compromise as oftentimes only a benefit to the lawyers in the case. After all, the absence of a settlement entails a continuation of litigation and the perpetuation of legal fees.
I enjoy trials. I like presenting evidence, and I particularly enjoy constructing and executing an effective cross examination. But, it is essential that clients are educated as to the value of the claim and the likelihood of succeeding in pursuit of that claim. Without that assessment it is impossible for the client to make an informed decision as to whether to try the case, or compromise in settlement.
