Saturday, April 5, 2008

My week thus far (Wednesday)

By way of explaining things since I get called out for using jargon - A "temporary" anything hearing is a hearing designed to put in place certain rules until a full trial can be had. We are given no more than 15 minutes per side to present evidence. It is a lot of fun - lots of surprises. They are used in divorce and custody cases.

Monday - I started off the week with several temporary custody matters. It was a long day and I even completely settled a divorce but we have to wait the 60 days to finalize. As we leave my client who had insisted on joint physical and legal custody with the child living with him every Thursday-Sunday told me he really did not care about who had custody, or where the kid lived - he just didn't want to pay child support. Great end to the day.

Tuesday - I had depositions set for 1:30 in a case, about 930 the other attorney called and asked where I was. I explained I was noticed for depositions at 130. he said he had two set for the morning. I try to get along in pre-trial stuff so I said I would be there in a minute. I get out there about 6pm last night. Just in time to prep for today's hearing in Water Valley at 9am. The Valley is a 1 1/2 hour drive. I also had to prepare for depositions if an other matter set for 3 today.

Today - Argued the temporary custody case I wrote about on Friday. It is clear the girl is attempting to manipulate things, rather than truly being a suicide threat she is a poor, poor pitiful me, no one loves me so I will eat dirt kinda girl. But her journal is pretty explosive stuff. I have her in tears with less than 6 minutes of questions. Her attorney is did his best and couldn't’t stop it. The outcome shocked both myself and the other attorney. This Judge ordered a true joint physical and legal custody order pending trial. Each parent has this 2 year old from 6 pm Friday until 6 pm the following Friday. This is unheard of from this Judge - he would refuse to sign off on this type of Order if the parties agreed to it, now here he is ORDERING it. He did make it clear that this would not be the final custody arrangement.

The other attorney and I went to lunch and talked about it. We decided it is either a) close to what they were doing prior to Feb.; b) my client made a much worse impression than either of us thought or c) to try and force them to work something out.

I settled the other suit with my client paying whooping $1,700.00. This lawsuit has been going on for 2 years and they had been asking for hundreds of thousands of dollars. I now get to prep for tomorrows trial

Tomorrow - I have a trial that is 2nd back up, which means the two trials ahead of us have to settle for us to have a trial. If I do not prepare we will go to trial - that is just Murphy's law. If I prepare and am ready it will be reset for few months down the road and I get to prep all over again.

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