I think I get what you are trying to say on the JD lawyering so correct me if I'm wrong in how I interpret your prior statements. Its a super interesting debate I think!
In terms of JD atty strategy in the divorce is your view that JD atty was working hard legally to 'score' as many points as he could on behalf of JD. So, the atty hit hard on as many points as he could in a very aggressive and unrelenting way to effectively 'beat down' FD legally? It seems like its the strategy that is seen used by JD atty that you are saying isn't 'efficient' or 'productive', if I'm reading you correctly? Right?
I guess that is why the convo's here are so interesting and thought provoking IMO. We can all generally see the similar/same facts/event or patterns and interpret them slightly differently or entirely differently. Sometimes seeing other POV generates change in our views and sometimes not. But we keep rolling as eventually things come together most times.
Actually I don't disagree with your view of the atty's strategy at all and sure there are many ways to get from A to B in any legal situation -- JD atty was playing hardball and never quit so he was a total pitbull. Its so incredibly hard to understand the family court case with the documents not all out publicly, the entire file is so large and its impossible to see how the parties were working together (or not) in the beginning of the case and if this situation changed over time.
We just know that many many documents were filed, parties rarely agreed on much, FD didn't comply with financial disclosure, FD didn't contribute financially to his childrens care/well being etc., and JD was singlemindedly focused on custody while at the same time, with her mother, footing the bills for virtually everything including FD legal bills, housing etc. We also have FD moving his mistress and her daughter into 4Jx which didn't probably do much for working morale in the case either IMO.
From just looking at the nearly 500 documents/motions/orders etc. filed in the case (this is public info on the state of ct website), to me at least it looked like FD atty fought back every single time to a motion from JD atty. Judge Heller in the recent custody decision order I think actually said FD filed 30+ more motions than JD. What is so sad though in looking at the public info, it doesn't seem like the divorce action was ever going to settle and that it was heading to trial. It just seemed that the 2 parties were at total loggerheads and simply could not agree on anything ever. You combine this inability to agree with FD non compliance with financial disclosure and inability to follow basic rules with the custody arrangements and its seems inevitable that you end up with a totally toxic and combustible situation.
The FD situation was unwinnable IMO against the vast resources of the Farber family and logic might say that it was in his best interest to settle early and move on with his life. With settlement FD would have gotten some kind of support arrangement, might have gotten 4Jx and been able to keep on at some level with the FORE business sham, if that is what he wanted to do. BUT, he didn't settle and so fought on and on, even with minimal resources vs the Farbers. To me at least it looks like FD was willing to throw a match and pour gasoline on not just his life but his business in order to 'win' against the Farbers and his decision making was not logic based on any level IMO. I can't wrap my head around setting your life on fire at aged 50 but who knows, perhaps FD is an optimist and was going to regroup and rebuild his life. IDK.
How do you deal with an opponent in a litigation that is willing to burn down everything in their life in order to win? This person won't stop and the legal action will simply never end? To me, one legal option is to simply crush the opponent and I think this is what JD atty might have been trying to do. Just a guess on my part!
I am curious with your insight into the legal process where you think JD atty could have operated differently and possibly averted a nearly 2 year period in court with little accomplished other than the custody? Your question of strategy is a super interesting one and I'm curious what you think!
To your point about the JD lawyering, could different tactics and strategy possibly ended up in a different result or settlement? I guess anything is possible, but if the person you are engaging with in your legal action has zero interest in settling and simply wants to fight on the death, I'm not sure what other options were available from a strategy standpoint from JD attys. but I'm open to hearing options!
MOO, MOO, MOO!