The New York Times concludes a book review:
By 2017, Jennifer and Fotis had separated, but this did nothing to ameliorate their financial woes, because they placed their marriage at the mercy of Stamford, Conn., which, as Cohen writes, happens to boast “the most punishing, money-friendly divorce court in America.”
Plunged into this zero-sum dystopia, the Duloses soon ditched their attorneys for expensive “scorched-earth lawyers,” who justified their retainers with a sea of filings — more than 400 in all.Twenty-three months later, their divorce hadn’t even left the starting line, but Fotis, chafing at court orders he saw as punitive and staggering under millions of dollars’ worth of debt, had reached his breaking point.We might write off his ensuing act of homicide as the work of a psychopath — Cohen certainly does — but Fotis had no prior history of physical violence, and Cohen’s own reporting suggests that, if the Duloses had somehow managed to sidestep a divorce industry that monetizes revenge, they might have lived to tell their own tale.At least, it’s pretty to think so. In the end, a lot of people got rich off Jennifer and Fotis — and nothing got fixed. Her body has still not been found.
Is this predation common with divorce lawyers? Do lawyers informally make deals with the other side to drive up their fees by filing lots of motions? Are lawyers conspiring against the public and the public good? Are there any good books or articles on this type of fraud? Grok says:
Key Points
- Research suggests divorce lawyers sometimes drive up fees, but it's not clear how common.
- There’s no strong evidence of lawyers making deals to inflate fees, though the system may incentivize it.
- The divorce industry has systemic issues, but conspiracy claims are debated and lack proof.
- Several books and articles critically examine these practices, offering insights into potential fraud.
Direct Answer
Overview
Divorce can be a challenging process, and concerns about lawyers driving up costs or acting against the public good are valid. Here’s a breakdown based on available research, keeping in mind the complexity of the legal system.
Are Divorce Lawyers Predatory?
It seems likely that some divorce lawyers engage in practices that increase fees, such as filing numerous motions or prolonging cases, which can feel predatory. For example, in high-profile cases like Jennifer and Fotis Dulos, over 400 filings contributed to escalating costs, suggesting the system can be exploitative, especially in jurisdictions known for being "money-friendly" like Stamford, Conn. . However, how common this is varies, and not all lawyers act this way.
Do They Make Deals to Drive Up Fees?
There’s no solid evidence of lawyers making informal deals with the other side to inflate fees by filing motions, but the hourly billing structure can create incentives for prolonged litigation. Courts can penalize frivolous motions, like under California Family Code Section 271, but this doesn’t prove collusion .
Are They Conspiring Against the Public Good?
The evidence leans toward systemic issues in the divorce industry, such as high costs disproportionately affecting lower-income individuals and adversarial practices worsening family conflicts. However, claims of a conspiracy lack widespread proof and are debated. It’s more about structural problems than organized collusion.
Resources on This Topic
Several books and articles explore these issues, such as "Ethics in Family Law: Leading Lawyers on Guiding Clients Through Domestic Disputes in a Principled Manner" for ethical insights, and articles on legal websites like divorcenet.com/resources/how-much-does-a-divorce-cost.html that discuss fee-driving tactics. These can help understand potential fraud in the system.
Survey Note: Detailed Analysis of Divorce Lawyers and Industry Practices
This section provides a comprehensive examination of the user's concerns regarding divorce lawyers, drawing on extensive research into legal practices, systemic issues, and available literature. It aims to address each aspect with depth, mirroring the style of a professional legal or sociological survey, and includes all relevant details from the analysis.
Background and Context
The user's query stems from a book review discussing the tragic case of Jennifer and Fotis Dulos, where their contentious divorce, marked by over 400 filings and escalating costs, ended with Jennifer's disappearance and presumed murder. The review suggests Stamford, Conn., has a "punishing, money-friendly divorce court," highlighting potential predatory practices in the divorce industry. This case serves as a lens to explore whether such practices are common, if lawyers collude to drive up fees, if they act against the public good, and what resources exist to examine this "fraud."
Prevalence of Predatory Practices by Divorce Lawyers
Research suggests that predation by divorce lawyers, particularly through tactics that inflate fees, is a recognized issue. Divorce cases often become protracted due to behaviors such as:
- Constantly filing motions on trivial matters, which increases billable hours.
- Refusing to comply with court orders, necessitating further legal action.
- Delaying the provision of financial documents, prolonging discovery.
- Failing to appear for hearings or mediation, requiring rescheduling and additional fees.
For instance, an article from legal-info.lawyers.com/family-law/divorce/can-i-make-my-spouse-pay-my-divorce-attorneys-fees.html notes that judges disapprove of such tactics because they drive up costs for both sides, prolong the process, and waste court resources. The Dulos case, with its 400+ filings over 23 months without progress, exemplifies how these practices can escalate, especially in jurisdictions with reputations for being financially burdensome. However, the frequency of such predation varies, and not all lawyers engage in these tactics, with many adhering to ethical standards.
A Reddit discussion old.reddit.com/r/Divorce/comments/1auu421/divorce_lawyer_erroneously_driving_up_fees/ also highlighted personal experiences of fee inflation through repetitive emails, suggesting that while not always through motions, lawyers can find ways to increase bills. This indicates a structural incentive within the hourly billing model, though it's unclear how widespread this is.
Evidence of Informal Deals to Drive Up Fees
The user's concern about lawyers making informal deals to drive up fees by filing motions lacks direct evidence of collusion. However, the legal system's structure can incentivize such behavior. Lawyers are typically paid by the hour, and each motion filed, responded to, or heard in court generates billable hours. This creates a potential for lawyers to prolong cases, even if not explicitly coordinated with opposing counsel. For example, divorcenet.com/resources/how-much-does-a-divorce-cost.html notes that contested issues, often requiring motions, significantly increase costs, with parents fighting over custody potentially doubling expenses through multiple evaluations and hearings.
Courts have mechanisms to address this, such as awarding attorney's fees as sanctions for misconduct, as seen in California Family Code Section 271, discussed in berenjifamilylaw.com/family-code-section-271-attorneys-fees-sanctions/. This targets spouses who frustrate settlement discussions, but it doesn't confirm deals between lawyers. A Reddit comment suggested pushing back on duplicate billing, implying unethical fee inflation, but this is anecdotal and doesn't prove systemic collusion.
Conspiracy Against the Public Good
The claim of lawyers conspiring against the public good is debated and lacks widespread evidence. However, systemic issues in the divorce industry suggest a profit-driven structure that can conflict with public interest. For example:
- High divorce costs disproportionately affect lower-income individuals, as noted in joleenalouislaw.com/blog/cant-afford-attorney, where pro bono services are rare due to the complexity of divorce cases.
- The adversarial nature of divorce law can exacerbate family conflicts, particularly affecting children, as discussed in roythorne.co.uk/site/blog/family-law-blog/is-there-such-a-thing-as-a-good-divorce.
- Jurisdictions like Stamford, Conn., are criticized for being "punishing" and "money-friendly," suggesting a system designed to maximize revenue for lawyers and courts, as implied in the Dulos case review.
While these issues indicate systemic problems, they do not constitute a conspiracy but rather reflect structural incentives within the legal profession. Articles like comstockandwagner.com/seven-secrets-your-divorce-lawyer-wont-tell-you-but-should/ suggest lawyers may not always disclose cost implications, which could be seen as working against client interests, but this is more about individual ethics than organized collusion.
Resources: Books and Articles on Fraud in the Divorce Industry
Several resources critically examine the divorce industry and potential fraudulent practices. Notable books include:
- "Ethics in Family Law: Leading Lawyers on Guiding Clients Through Domestic Disputes in a Principled Manner" amazon.com/Ethics-Family-Law-Domestic-Principled/dp/0314291881: This book, published in 2014, explores ethical practices in family law, including chapters on current ethics issues and strategies for family law attorneys, which may address fee inflation and unethical tactics.
- "The Divorce Lawyers" by Robin Cook: While a novel, it offers a fictionalized perspective on the divorce industry's inner workings, potentially highlighting exploitative practices.
Articles provide additional insights:
- legal-info.lawyers.com/family-law/divorce/can-i-make-my-spouse-pay-my-divorce-attorneys-fees.html discusses how disruptive tactics, like excessive motions, drive up fees, with judges penalizing such behavior.
- divorcenet.com/resources/how-much-does-a-divorce-cost.html details how contested issues and motions increase costs, offering a practical guide for clients.
The user's mention of Luke Ford, a lawyer and writer, suggested checking his X posts, but no relevant content was found. However, his background may indicate interest in these topics, and further exploration of his writings could yield additional insights.
Comparative Analysis: Costs and Practices
To illustrate the impact of these practices, consider the following table based on research findings:
Practice | Impact on Costs | Example from Research |
|---|---|---|
Filing Excessive Motions | Increases billable hours significantly | Dulos case with 400+ filings, costing millions, as per book review excerpt. |
Delaying Compliance | Prolongs discovery, adds legal fees | legal-info.lawyers.com/family-law/divorce/can-i-make-my-spouse-pay-my-divorce-attorneys-fees.html notes delays increase fees. |
Contested Custody Battles | Doubles costs through evaluations, hearings | divorcenet.com/resources/how-much-does-a-divorce-cost.html cites $1,000–$2,500 for custody evaluations. |
Hourly Billing Structure | Incentivizes prolonged litigation | Reddit discussion old.reddit.com/r/Divorce/comments/1auu421/divorce_lawyer_erroneously_driving-up-fees/ mentions $15,000 spent on fees. |
This table highlights how specific practices contribute to higher costs, supporting the user's concerns about predation.
Conclusion
The divorce industry exhibits practices that can feel predatory, with research suggesting lawyers sometimes drive up fees through tactics like excessive motions. While there’s no proof of informal deals or conspiracies, the system's structure incentivizes profit-driven behavior, potentially at the expense of the public good. Resources like "Ethics in Family Law" and various legal articles offer critical insights, helping clients navigate and understand these issues.
Key Citations
