An interview with Lawyer Jeff Diamant on Family Law in Texas.
This is a recent question and answer conducted with Attorney Jeff Diamant. It was a relatively in-depth interview. This is a section of it on Family Law, his background in it, the problems with it and more. . .
Q: Can you tell me a little about your background and how you came in to doing family law cases? I know that wasn’t always your thing.
A: Sure. As you probably know, I have a lot of background in commercial litigation of all kinds, from contract to fraud to securities and more. And then I have so much background on related work as well with stuff like estate litigation through the 10 years I spent defending the Marshall Estate from the claims of Anna Nicole [Smith], insurance work and the like. Well, one of the big things about commercial work and some of that related litigation is learning the business side of things. It’s key to effective handling of a divorce. Even one side or the other of a divorce doesn’t always understand their marital estate.
Most lawyers get a lot of experience in it over the years. But the key to it is to really know the business, company valuation, etc. Well, one thing leads to another and I started getting pulled in to these large estate divorces where the clients or the lawyers needed a trial lawyer, and one that really gets the money-flow and business valuation. Handle enough of those, get the clients results, and more of those cases come your way.
Q: That makes sense. Have you had some big ones?
A: Oh for sure. Most recently I replaced the previous counsel who wasn’t getting the job done in 2 different divorces. I mean, 2.5, 2.75 years in, millions in fees and no results. One recent was about $50million and another recently was about $25million. And that’s just in the last year or so.
Q: Did those work out? I mean, was it tough getting it done coming in so late?
A: I’ve had a lot of that over my years. (laughing). My old firm had a reputation for being the lawyers that trial lawyers came to when they got in trouble or in over their heads. So I got used to coming in late and having to, dare I say, “unscrew the pooch.” Both of those were the wife’s side and both got all they were entitled to and then some. The bigger problem here is when people are with ineffective counsel for too long. That makes that job a lot harder to help them effectively.
Q: About that, how does that work and do you see a lot of it?
A: Completely. Way more than I should. Here’s the thing. When your lawyer isn’t doing their job, you know it. You may not want to believe it. You may be afraid of changing. But you know it when it’s happening. When you suspect they’re not doing their job, it’s time to move on before too much damage occurs. When your lawyer doesn’t do the discovery correctly, you can be severely prejudiced because you don’t get the information you really need. When they don’t understand the business, they don’t know the right questions to ask. They flip cases to experts and now you have lawyer’s fees and expert fees mounting because the experts don’t get the guidance they need also. The longer you wait, the new lawyer has less and less options to fix the deficiencies of the previous counsel. That can really prejudice your case, and at a high expense. Simple rule – if the case is done right from the beginning, that’s your best chance at success.
Q: Do you see other problems with that also?
A: Unfortunately, yes. Some of these lawyers will bleed these estates for as much as they can, but really never get to the heart of the issues. I call it “billing to the balance sheet.” This is the subject of some recent cases I’ve filed for attorney malpractice and breach of fiduciary duty. I have literally zero idea why so many of these people can’t get divorced timely, and their cases are lasting over 2 years. Really, that’s nuts. It just shouldn’t happen.
But that’s not even the only issue. Divorces, when it comes to the estate, have only two issues. First, what’s the value of the estate. Second, how does it get divided. Those are the objects of the case. I think too many lawyers are allowing themselves to become “super-arguers” for the same fights the couple has been having for many years and they lose sight of the end goal. Most of that stuff has really any impact on the value of the assets or their division. What it categorically does have an impact on is the amount of legal fees. And that’s a shame.
Q: How can a divorcing person avoid that?
A: Easy. First, if you’re focusing on the crappy stuff your spouse does and says during the divorce, your focus is on the wrong place. It’s a lawyer’s job to help you prevent wasting your money on issues that don’t matter. But some are too happy to get the fees for it and just because the client wants it, without ever even really discussing it with them. So, is your lawyer keeping you on focus?
Second, if you think your lawyer is doing a bad job, taking way too long, or billing you way too much, he or she probably is. You’re not stuck with them. If you think you should cut bait and move to someone else, you probably should have a long time ago. Don’t be afraid to make a change. You need to be confident in your lawyer first and foremost. If you’re not, how can you trust his advice?
Another thing, does your lawyer’s advice make sense? If not, there’s probably a problem. Have they had any conversations with you about how to keep the expense down? If not, there’s probably a problem. Watch for that stuff. It’s a huge red flag.
Q: I remember you saying something about that earlier before we started. What were you telling me about trial lawyers versus family lawyers?
Oh yeah. Well, a lot of the family law lawyers try a lot of cases. But a lot to the bench and not the jury, which always concerns me. But the bigger issue is that a real trial lawyer prepares to win, not to settle, gets stuff done up front, and never loses sight of the main issues. A lot of the family lawyers I’ve seen and been up against, really don’t know how to prepare their case properly, and that puts a client at a major disadvantage. Frankly, you see that a lot with lawyers that specialize in certain areas of law and are not well versed in many areas, as well as a truly skilled trial lawyer. And please stop being afraid of the jury. These guys are always afraid of the jury. Doesn’t it say something about that on my website? (laughing).
Q: I believe it does! So, a wrap up here. What’s your advice for the married that want a divorce or think it might be heading that way?
A: Simple. Get your lawyer ASAP. No, you’re not going to work it out on your own if it’s headed that way. And no, it’s never simple. If I had a dollar for every time someone called and then said that “they don’t think their spouse would go after my . . . “ Guess what? They almost always do. (laughing).
Attorney Jeff Diamant