Question

The F.B.I. just left your office. An anonymous woman had provided the local office with an envelope of photographs showing your client involved in sexual conduct. Several of the pictures showed him with what appeared to be teenagers. There was also a taped phone conversation between your client and a man - a conversation that explicitly described their “date” a few weeks earlier. The F.B.I. wanted to know what you knew about any of this and cautioned you NOT to tell your client of the visit due to the ongoing investigation.

            Your client has an appointment with you this afternoon to review his discovery responses, settlement proposals, and trial preparation. In his deposition, he denied any extra-marital sexual conduct. His wife, on the other hand, confessed to her alcoholism and an occasional “one-night stand.”

            With their divorce trial set next week, the wife has just fired her attorney, deciding to represent herself. Obviously distraught, she left you a settlement proposal which gives your client the house, most of the other assets, and custody of their two sons.

            Both boys have indicated they want to live with their mother because, as one said, “she has always been there for us.” Your client believes that he was a steadying influence on his wife during the marriage – that her drinking will only increase with him gone. Your client tells you that neither of them can afford the house. If the wife gets it, he thinks she’ll allow it to go into foreclosure. If he gets it, he says he’ll be forced into bankruptcy.

            You know you need to review the settlement with your client and discuss the upcoming trial if the case doesn’t settle. You also need to discuss fees with your client; he owes you some $8,000.00 and has not paid anything in the last three months.

            What advice do you give him:

Answer 1

First of all I would try to get true information about client and also help FBI to find the real condition, I would suggest the client to solve disputes by dialogue delivery not only with partner but with institutions.

The custody of children is an important responsibility so that I would prefer the rules to define the custody of children.

Fees is not a big concern for me, it can be paid after sometime but important thing is the disputes and case which is to be finalised with the respect of client and government institutions. The case is explaining legal as well as social problem which affects whole society as well as children so that I would try to solve disputes rather than solve self-interest.