The Eggshell Plaintiff

I love the 'eggshell' rule which means you must take people as you find them and accept them as they are, not as you would have them be. It comes from tort law (technically called the “eggshell skull” or “eggshell plaintiff” doctrine). We don’t know who’s strong, who’s weak, who will break. We must take people as we find them. We must be careful, mindful of one another. Doctors pledged in the original Hippocratic oath, Do No Harm. As a family lawyer, I have learned “take no prisoners” doesn’t work. Revenge is a dish best served cold. Which means wait, and then don’t. There is no “win” in a family case. She who has peace wins.

Popular divorce culture tells us kindness is weak, and peace is for sissies. Winners get even. Having toiled in the wartime fields of divorce and seen the family carnage, the hurt children, the embittered spouses, the drained bank accounts, the college savings spent in battle, I preach a different message. Make love not war. I know how to help.” - SUSAN F. FILAN