Opinion

Cooper v. Keto

  • 83 Mass. App. Ct. 798
  • 990 N.E.2d 76
  • 2013 Mass. App. LEXIS 108
  • 2013 WL 3186464
Court
Massachusetts Appeals Court
Filed
Jun 26, 2013
Status
Published
Author
Brown
On the bench
Brown, Kafker
Cited by
11 cases
Authority
More cited than 11.0%

transcript merely showed "busy trial judge obviously frustrated by the father's counsel's obstructionist tactics"

How later courts described this case

  • transcript merely showed "busy trial judge obviously frustrated by the father's counsel's obstructionist tactics"
  • parent's "awareness of, and acquiescence in, the child's choice of [college]" constituted agreement
  • "Where the order is ambiguous or the disobedience is doubtful, there cannot be a finding of contempt"
  • "the mother's testimony alone properly supported [the judge's] findings"

Written by the judges who cited it.

The opinion

Brown, J.

(concurring). Here, we again witness another puzzling situation in which the legal fees paid and awarded far exceed any amount that would be gained. Indeed, the father has acknowledged that the costs associated with defending the action might better have been spent on the child’s college education. Litigation should be the last option, not the first. To that end, it is often beneficial to the parties, and counsel in advising their clients, to step back and take stock of what the case is about, what has gone on before, and what may lie ahead. In devising the judicial playbook, one should not forget the pocketbook. I suspect that not even an attorney with the skill of the legendary Patrick Hastings 1 would have undertaken this matter. In short, it is not brilliance that is required here — it is simply “arithmetic.” Cf. W.I. Cowin, Reflections in Retirement, 55 Boston Bar J. 13, 14 (2011) (“technical competence” of lawyers to litigate is greater today than ever, but lawyers often “fail to consider whether doing it is useful”).

See Commonwealth v. Satterfield, 373 Mass. 109, 111 (1977).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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