‘Half a sixpence, is better than half a penny, is better than half a farthing, is better than none’ (Half a Sixpence, Movie, 1967)

Litigation costs in many ways, but in this topic only finance is addressed. Of course one can’t generalize, but one can specifically say that costs often far exceed expectation. Sometimes the costs of the case approach the amounts paid by one party to the other. Before thinking that’s good reason for the other to proceed, lets also say that the amounts received by one party are significantly eroded by the costs incurred by that party. Remarkably, overall costs may be more than amounts awarded. Only attorneys and accountants and a panoply of experts surrounding this industry win. One can dispute attorney fees or ask for re-allocation, but usually one ends up disappointed.

The reasons for costs are due to the complexity and discretionary nature of the law so both parties may think they stand a good chance of winning, without a sober attempt at assessing the true probabilities. Its also because of how drawn out the process is. Good attorneys may point this out, but along the journey clients may not always be in the best place to listen. Once attorneys set out grievances and misconduct in legal writing sensitivity and hostility increases. Emotional issues cloud sensible judgment, in a manner not extant in commercial disputes, which brings us back to the issue of attorneys as insufficiently supportive.

Unfortunately without a good attorney it is all too easy to conjure up friction, thereby creating further mistrust and a determination to quash the opponent. Some suggest that there is little incentive for attorneys to settle, but this goes too far; they are officers of the Court above all, and are expected to act fairly.

There are other problems creating an extremely lengthy litigation punctuated by needless trips to Court to fight over one pre trial motion after another (The Broken System). Each time one attends it costs  time, and a bill from the attorney, depending on when the Judge actually gets to calling the case. The Court doesn’t benefit from this, as its resources are freely provided, but the labyrinthine system must be complied with, and  the attorneys’ costs make up for the court ‘freebie’.

The win is only evident to the mathematicians, who can measure only the monetary aspects. The financial outcome is strictly relative-  much money was spent in court  which has enriched only the players in this field. Money has been spent to get here. The moneyed spouse may also be required to pay attorney and specialist fees for the partner, and in such cases the case may drag on even longer. Cases in Los Angeles have been reported as typically costing $100,000, and lasting for one to two years. Of course, real fights cost a lot more. A retainer of $10,000 asked for by an attorney at the outset is just the beginning! More than a typical entire mediation!!

In short, writing out the umpteenth monthly check in the thousands  to the attorney can be a gut wrenching and purse draining process, best avoided. 

THIS INFORMATION IS OF GENERAL NATURE ONLY AND NOT TO BE RELIED UPON IN ANY SPECIFIC SITUATION. IN ALL CASES CONSULT AN ATTORNEY FOR PROPER ADVICE