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February 2015 Archives

Divorce and the Sunk Cost Fallacy

When you practice family law and divorce, for over 25 years, you spend a lot of time trying to understand every aspect of it from the intricacies of law to the nuances of relationships. I've recently been studying the economic theory of the Sunk Cost Fallacy and applying it to divorce and the re-casting of relationships.

Trial Practice: Pre-trial Orders are beautiful things.

A little while ago, I was trying a free wheeling case which was stretching on into days. Opposing Counsel's witnesses and documents seemed as loose as as an earthworm on valium. He barely knew who he was going to call as a witness anymore than I did. For trial practice, it was nearly anarchy. It was very close to pandemonium in the court room.

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