First, I haven't seen it, but it sounds like I would like it. For once I would like to see cheating portrayed more like reality, and the reality is that most don't live happily ever after. This would have disappointed me:
I wanted to see if the M could be saved since they called it Marriage Story.
Most aren't "saved" and instead live on in some form of f-ed up limbo forever, or so it seems on this site. Those who R truly successfully are the smallest minority, those who leave or are left by their cheater shortly after d-day are second in line, but the largest portion seem to stick around together for finances or the kids or for some other reason in some half-assed limbo for years (or forever) afterwards. That would not make good cinema at all as it would leave people shaking their heads, dismayed at the "stupidity" of all parties involved. Until you've lived in yourself, it's hard to explain to anyone why you would even try...
And I read this and realize how messed up the perception of both the legal practice and courtroom antics is mis-perceived largely by television and by people who aren't lawyers themselves:
The Banality of Evil that is the legal system and cottage industry built around divorce, created to siphon as much money as possible from a tense situation between two people. The lawyers getting along just as easily as they litigate the case in court was a nice little reminder that they're not your friend. Watching the escalation of legal bullshit was really a gut punch.
I don't practice anymore but I was a private practice litigator for a long time, and yes there are bad lawyers and good ones and a lot that fall in between...but I can tell you 1 thing for certain, clients drive about 90%+ of the endless litigation in and out of courtrooms. If you have a no nonsense client, you will proceed as such. Most of the nonsensical fighting that comes to the table ESPECIALLY in family law is driven by the parties themselves. It's one of the reasons when I started it became clear to me that I wanted no part of family law (or criminal law - for different reasons): because when shit gets really personal, and nothing is more personal than your family to most people, and then add in money, and all logic leaves the building. Movies and television don't show how many times clients call, email, and now even text their counsel, with no regard for time or personal space, and want immediate answers even when they cannot be given. When I first started as counsel I didn't bill for every email, every phone call, because I didn't want to be "that person" who does that - who appears to be sucking someone for money to answer a question they have. But after awhile, I did bill for everything, because otherwise, the questions, and the time, never ends.
When people hate each other, or come as close to it as possible, and are splitting their assets and liabilities, their children and their pets, their belongings that have lots of monetary value or merely sentimental value, the tensions are high and the desire for revenge and the irrationality oftentimes win over the reality of how much it will cost them for their attorney to "call my husband's counsel and fight for X or Y" versus the purely financial value of whatever it is their are fighting for. They ask you to fight over something and refuse to budge, and you as counsel have to spend hours and hours talking to them, opposing counsel, and then reading and writing, and appearing in court, and later on those same people, who you told earlier that this type of litigation would be very costly complain about the bill and don't want to pay. It matters not if you spent hours of your own life, nights and weekends working for them - they are pissed. Basically, it's not as simple as it seems on tv. I started billing for everything as a prohibitive measure more than anything - so my clients would think before they fired off another email at 3am, asking me something they could have included in a meeting with me or in an email that contained multiple questions. I kid you not, I had a client once who emailed me over 135 times in one week, and I had to take time out of my day where I was either working for other clients or actually living my own life to answer each and every one of them, and while some of the questions were legitimate, none were of the emergency type.
Oh, and the last thing you want is your counsel and theirs to hate each other. If you want worthless fighting that you have to pay for, and your counsel is taking things personally because of some personal beef they have with opposing counsel, you could have a bill that is higher than it should be. The best cases I've had, and the best outcomes for everyone involved, are those where I trusted opposing counsel and we got along. It went smoother, and ended up better, and cheaper for everyone in the long run. As a Judge I worked for and respected immensely once said, in litigation, the best settlements, which is what divorce is all about, is where the none of the parties feel like they were the ultimate "winner" financially, as usually that means someone got royally screwed.
Abandonedguy stated precisely what I was talking about:
[I]f I had the means to do so at the time, I would've fallen into that spite trap to some degree myself and pissed away thousands, unnecessarily.
The spite trap is a perfect way of framing what I was talking about. If you and/or your spouse lose sight of logic and reason, and run on emotions, your bill will go way way way up...but there is little the lawyers can do about it aside from do what their clients ask, so long as they don't break the law or rules of civil procedure in the process.
EDIT: I will also add that the amount of requests for free legal advice you get as an attorney is astounding. There are few professions outside of medicine where I can think of that people want to get your opinion on something for free without regard for how much time it takes for you to do so. When my phone rings late at night my WH and I used to joke that it was my "free legal advice" hotline going off.
[This message edited by ThisIsSoLonely at 9:08 AM, January 16th (Thursday)]