Like Mama always said, “If you can’t say something nice, don’t say anything at all.” It is important to choose our words wisely. In the context of a collaborative divorce, this is truer than ever.
Some words are just plain fighting words and have no place in a collaborative divorce. Others are just unnecessary. Here are a few terms you might want to avoid:
Like timing, scheduling is everything. Probably every seasoned litigator has experienced that irksome moment. The email from opposing counsel says they talked to the judge and have obtained dates for me to choose from to schedule an important hearing. Yeah, the rules say it is ok to have ex parte communications with the judge’s office about mere scheduling maters, but, on the receiving end, that just never feels right. I have almost never done it. Although I can, I don’t really want to. I don’t want to take any chances of appearing improper.