Litigation

As will be described below, my primary focus is now on collaborative law in family, probate, estate planning and guardianship. However, in certain cases, litigation becomes a necessity. In those cases, after practicing nearly twenty-five years, I am ready and able to litigate if that becomes a necessity. As a lawyer, litigation is probably the most stimulating of all legal exercises. Drafting pleadings, written interrogatories, requests for production of documents, taking depositions, and going to trial is what most lawyers trained for in law school. Great television is made about famous trials. But in the end, huge amounts of money are spent and both parties usually feel that they have been ravaged by the judicial system. One collaborative lawyer stated that he believes it is much easier to go over to the Courthouse and “rip out the jugular vein of the other side” than to keep emotions in check for hours at a time during the collaborative negotiation process and resolve the case through that type of diplomacy. Whatever the client’s desire, whether litigation or collaborative, I am ready to represent them, but it is obvious which is my preference. That is not to say that I do not personally love trial and the adrenaline rush that winning gives me, but I must put my client’s and his or her children’s or family’s best interest before my own, and therefore I am compelled to present an honest picture of the options. However, even just recently I was involved in a three-week custody and property trial in a divorce case. All the attorneys in the case had tried to persuade the parties to settle prior to trial, but both parties desired to have a trial. About two-thirds through the trial, my client asked to speak to me in the conference room outside the courtroom. That client broke down and cried at that point, saying that it was not possible to understand prior to trial how painful and destructive it would be. That client won the case, but after hundreds of thousands of dollars were spent on attorneys, expert witnesses, and the litigation process, I think if that client could tell other clients anything it would be do whatever you possibly can to avoid the cost to the family relationship and the family estate that comes with trial.

The Collaborative Approach

The Law Office of S. Camille Milner strongly advocate the Collaborative Law Process. Through the Collaborative Process, the attorneys and other professionals assist the parties in resolving their cases by interest-based negotiation (positive/constructive) rather than position-based negotiation (negative/destructive) without the trauma or expense of “going to court.” This is accomplished by face-to-face meetings where we explore the parties’ interests, goals and options and in a very civilized approach and reach a “win-win” resolution for the parties.

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