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Hello everyone, I’m Dr. Michael Mantell with another edition of Family Law Matters with Bonnie Rabinovitch-Mantel, owner and managing partner of the Primus Family Law Group. Hi, Bonnie. Hi, Michael.
How are you doing today? Doing great. It was so great having Sean with us for the last couple of editions. And today I want to talk about something that may be a bit more difficult for some folks going through family law.
While Primus Family Law Group rests on arbitration and mediation, avoiding unnecessary wars, moving things along in a positive, efficient way, there are times when clients call you and arbitration and mediation is simply not appropriate. You got to get into the ring. And I know that that’s something that you try to avoid at all costs, but there are times when you do have to go to litigation and you do have to fight.
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Can you talk about that a bit? Absolutely, Michael. Now, understand the foundation of Primus, we started our journey as litigators and we are very skilled litigators at Team Primus. The reason we do focus on arbitration is because we’re trying to make a better situation, what we feel might be easier, cheaper, and better for people who can do that.
But they have to be willing to compromise. They both have to be willing to come to the table. Unfortunately, there are many cases where you need a strong litigator.
Either the other side will not settle or the positions are just too far apart. Both sides have taken positions that are not going to be resolved through mediation or arbitration. It’s going to result in litigation.
And it’s important to know that we have over three decades combined of litigation experience, and we understand the system. We understand it’s not a perfect system, but we also understand how to meander within the system. And so if you’re looking for somebody because you just know that you’re going to need that fight, we are those zealous advocates, Michael.
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What do you do when your client wants to have arbitration, wants a peaceful way out? And the other member of the couple, the family that’s separating, divorcing, has an attorney who is stirring the pot and is guiding that other person to litigate. Why? Because the more you stretch it out, the more money is being made. That is not your way.
How do you handle that? What do you do? And you see that. Yes. First of all, let’s be clear.
If I’m in an arbitrating role, I don’t have a client per se. I have, I’m representing the divorce, getting the divorce or the property issues done. If I have a client, well, we can try the attorneys to resolve the matter.
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That’s one of our ethical duties is to meet and confer and try to conduct settlement negotiations before any trial. If you have an attorney that is, well, let’s say on our naughty list, it makes it more difficult. It makes it more expensive.
And we advise our clients, we manage their expectations. We explain that X, Y, and Z, this is the modus operandi, and it’s going to end up being more expensive and we’re going to end up having to litigate. So we prepare our clients for that possibility because we know the community of counsel.
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And we then try to mitigate it by still presenting to the judges all our efforts at settlement. Because one of the things, Michael, that is very important to know is if you’re stirring the pot unnecessarily, if you’re just ramping up litigation for no other reason other than ramp up litigation, there is the possibility of sanctions. A judge can order you to pay you, meaning the other party, not just for what you’ve done, but for what your attorney has done, because your attorney works for you.
And you can be ordered to pay sanctions as a result of all these shenanigans. Well, I know that you and your team at Primus Family Law, who we continue to meet through these Facebook sessions, and that’s been a wonderful thing. But you all are clearly providing very sophisticated client services and matrimonial and family law concerns.
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One of the things that impresses me most is you see closure, not revenge. Understanding that divorce is the end of a marriage. It’s not the end of your client’s world.
People go on and have to live. And so although that peaceful arbitration or mediation way is ideal, sometimes it’s just simply not appropriate. And it’s good to know that when you need someone who’s going to go into the ring, you can do that.
Yes, we are very capable and willing and able, and we believe in our client’s position and rights to have their side heard. So we will zealously advocate for those rights. Well, Bonnie, thank you again for another wonderful edition of Family Law Matters.
If people want to get in touch with the relentless and formidable team at Primus Family Law Group, how do they do that? You can reach us at 619-574-8000, and we will put you on our calendar for a consult, free 30-minute phone consult, and how we can help you with your issue. Reach out to us through our website, www.PrimusFamilyLaw.com.