Legal Question in Family Law in Texas

I have a good friend that went through a divorce in Texas and the two lawyers were overheard in a cafeteria telling each other that they might as well settle now since both the parties have no more money. The person hearing this info was there for support for both of the parties but was taken by surprise of the talking between the two lawyers. Both parties have good jobs and had a fair amount of money in savings to deal with. This person told me about it shocked by the lawyers conversation as if this was the barometer used to settle and dispense of the divorce. Amazingly enough, after this conversation was overheard, both lawyers urged their clients to settle that day. Is this normal or is this just two lawyers that shouldn't have done what they did and furthermore let their conversation be overheard by anyone? Hopefully this isn't the norm.


Asked on 2/17/10, 6:22 am

2 Answers from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Sounds to me like the lawyers were kidding. In any event if the clients had no money left to pay their attorneys, settling is their only option. The attorneys definitely should not have discussed the case in public.

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Answered on 2/22/10, 2:30 pm
Fran Brochstein Attorney & Mediator

In Texas, settlement is always encouraged instead of litigation. In fact, most courts require mediation before a case can go to trial.

Even if your friends had good jobs, to take a case to trial often runs tens of thousands of dollars. It was money well spent to resolve the case quickly. Do you honestly believe that the people should spend every penny they have to get divorced? Then most would have been left penniless and probably in debt. Then you and your friend would have called them "blood sucking vampires". Are you suggesting that the attorneys should have a trial, and encourage their clients to "bad mouth" the other spouse? Then, only hard feelings occur. When the parties are parents of minor children, this can destroy the children and any hope of the parents working together in the future.

Since all you heard was gossip and since you don't know the whole story, don't be too quick to judge.

I've been practicing law almost 20 years and you'd be shocked to hear the stories I hear on a daily basis.

It is my belief, that I fail a client if I cannot settle his/her case. I view trial as a last resort. I encourage people to make agreements between themselves and not allow an outsider (judge) make decisions for a family. The judge will make decisions, but usually no one is happy with the result.

It sounds like you lead a sheltered life. Don't be too quick to judge others when you don't know the whole story.

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Answered on 2/23/10, 8:10 pm


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