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  • lawyer letter "translation"

    I recieved a letter yesterday advising me that there is to be a settlement conference schedualed for April 3rd.
    Quote passage:

    "In many cases, the suggestions made by the Justice at the Settlement Conference hearing are sustaintially different than the Order delivered after all of the evidence has been adduced during the trial.

    If this matter can be settled as a result of suggestions made there will be a substantial saving in legal fees and I will attempt to obtain an Offer to Settle, which I can recommend to you based upon the facts of this case."

    O.K. so here is my translation of the above.

    " The "man" (woman) will more than likely suggest something that the judge won't even concider, depending on his (her) mood, what they had for breakfast or time of the day, meaning they want to get home. You may win big time if you take things to court or you may lose big time and then again there is always the posibility that you will be offered no different than what you are being offered now.

    One thing is for certain, if you don't settle at this conference it will cost you your other arm and leg. I'm going to "try" to a hold of a copy of the "offer to settle" and then tell you what I think you should do."

    So tell me. In the first place why did my lawyer reccomend that I try to get sole posession of the home and all contents etc. etc. which I knew in my heart was only going to enrage my spouce further (who was already enraged to begin with), when he (my lawyer) must have known this would never be agreeable and only result in a headlock like two Rams during mating season. Why have a spent a fortune (so far) gathering and presenting "documentation", visits to the lawyer, phone calls, letters back and forth only to end up in a standoff at the (not) O.K. corral at high noon. Particularly since the "letter" makes reference to the fact that the "Justice" will not review any of the "evidence" gathered but only make a reccomendation based on a "guesstimation" of the limited facts verbally offered to him on that day.

    And what is this business about "I will attempt to obtain an offer to settle"? Does that mean there is a possibility that the first time I see or hear of any offer on my spouces side may be while I am sitting in the conference room??
    Great! Six months of legal fees all boiling down to "make up your mind now lady".

    I AM PARTICULARLY TICKED Since I just had to phone my girlfreind last night (out on the West Coast) and ask that whe wire me 500 bucks so that I could send two cheques of $250 for a minimum payment for Jan. and Feb. to my lawyer since my husband has not released a dime my way and the "bill" arrived right on the heels of this letter. I have been on the "pittance payment plan" with my law firm for some time now and I am tapped out. I am going to have to go to the bank and see if I can get a "personal loan" for at least a grand to carry me through for groceies and household bills until my spouce sees fit to comply with the judges "request" to release funds owing me.

    Thoughts please! Any suggestions? Any reccomendations.....anyone read palms???

  • #2
    At a settlement conference a judge will review your case and offer an opinion about how he or she would decide the case if it went to trial. The purpose is to attempt to reach a settlement without the expense of a trial. Your lawyer and his lawyer will draw up settlement briefs outlining each case. In the briefs will also contain each side latest offer to settle. It is always best to try and settle, as trial costs are very costly. A settlement outcome in a conference may be a different outcome than if you went to trial, as at this conference you or your ex will not be cross-examined and no witness can be called.

    Comment


    • #3
      Wait Grace Come Back!

      It's the "wording" that threw me. To my (untrained) ear it sounded as if there were not to be a judge but someone else making recomendations AND as if no review of the facts would be paid regard. Absolutley I want to avoid the cost of a trial! Thankyou very much.!...JO

      Comment

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