Good question. As we've said elsewhere, cases that start out simple can fall apart and
sometimes the most difficult matters surprise us by becoming
resolved more quickly than anybody ever imagined. When it happens
it is usually the product of good lawyering, cooperative clients,
reason, and a court system running on all fours. Reality, however,
lies somewhere in between.
A non-contested matter without anyone getting hysterical, and by
diligently preparing the necessary pleadings, obtaining the
signatures on agreements and conducting the hearing at which the
Judgment is entered (called a prove-up)
can occur within 90 days from the start (and much quicker if
necessary, but inevitably at greater expense). At the other
extreme, the system itself will impose trial upon those cases that
have not ended by settlement, somewhere between one and two years
after commencement. The time table to trial will, of course, vary
with the complexity of the case, emotional issues, custody
evaluations, and a host of other factors.
Every family law attorney is inescapably faced with a client
who asks, "how come my
case is taking so long?" The client must be reminded that it takes two to tango and that
one attorney is not in control of the entire process. It is for
this reason we say that two good lawyers can often bring about a
much quicker settlement at a more reasonable cost than when at
least one attorney is dysfunctional, inexperienced or
unprofessional and, likewise, where one or more of the clients
are, in fact, unreasonable.
The court systems in Cook, Will, Lake and DuPage Counties,
where we practice, have made significant efforts to provide access
to the courts, to set up case management procedures and to
otherwise enable parties to reach resolution promptly. But the
court can only hear what is presented to them according to the
time table it is presented, so that generally speaking, delay in
the outcome of the case is not occasioned by the court
system. On the other hand rarely are we able to schedule
hearings on temporary or interim issues that arise during the
course of the case as promptly as we would like). There are many
reasons for this which must be explained on a case by case basis.
The bottom line is that it is in every good lawyer's
interest to move a case along expeditiously so that a prompt and
reasonable outcome leaves a happy client. While the outcome may
not be everything we wished, it is every lawyer's
goal to have a client who understands and believes that their
attorney did the best job that could be done given the
circumstances. A judge I know often says: "if both clients
are unhappy, there must have been justice". We would rather
achieve a more positive result for our clients, but it is
illustrative of the frustration of the process.