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HBO’s new legal drama “War” gives viewers an unflinching look behind the scenes of an ugly, powerful divorce. The series focuses on the lengths to which divorce lawyers from rival law firms in London will go to achieve a profitable return for their clients.
Sugaré & Co. in the United Kingdom. Daniel Sugaré, head of Solicitors family law department, said the portrayal of ruthless lawyers plotting to gain the upper hand in a pending divorce was “overly dramatized for public consumption” and not very realistic.
Set in London, “War” tells the story of the shocking end of a ten-year marriage between technology billionaire Morgan Henderson (Dominic West) and his Hollywood star wife Carla Duval (Sienna Miller), which ended in divorce.
Morgan and Carla hire lawyers from rival London law firms Cathcarts & Sons and Taylor & Byrne to take each other to court.
Here’s what real The divorce lawyer is considering a pilot for the series.
Hiring a Lawyer as a Mole? This is a Big No-No
Sugaré said one of the lawyers’ scariest antics would result in them losing their law licenses in real life.
Specifically, Cathcarts & Sons’ move to send struggling young lawyer Johnny Warren (Archie Renaux) to Taylor & Byrne to act as a mole in their case.
“(Johnny) is immediately dismissed by the Solicitors Regulation Authority (SRA),” Sugaré said of the mole.
“You have a duty to your clients to treat them confidentially, to act in their best interests and to be subject to disciplinary procedures by sharing information in this way,” he added.
He said senior officials at Cathcarts & Sons, which orchestrated the scheme, “will also face significant legal consequences and potentially criminal investigations arising from the SRA”.
The bad behavior of lawyers on the show is a far cry from what real-life lawyers aim for: helping clients stay calm and focused so they can reach an agreement.
“In some cases, you need to act aggressively to protect your client’s interests,” Sugaré said. “But they seem to do it too much in the show.”
Carla’s Cheating Plan
The show begins with Morgan sleeping with a young woman named Flora (Rose Williams). It turned out that this moment was organized by Carla. He wants to prove that Morgan is unfaithful, and in doing so, takes advantage of the infidelity clause of the prenuptial agreement.
So will Carla’s plan really work? “Not so fast,” Sugaré said.
“An affair is not normally a legal escape from a prenuptial agreement,” Sugaré said.
Sugaré said infidelity clauses were “unusual” in England because marriage contracts often dealt with financial agreements rather than penalties for cheating.
“Even if this agreement contained an infidelity clause, Carla cannot assume that the court will enforce it. While these cases are specific to the specific facts, evidence of an affair does not normally invalidate the agreement or entitle her to a greater settlement,” he said.
Presentation Presentation on the Red Carpet
Morgan and Carla compete to be the one to hand each other the divorce papers. Morgan eventually files Carla’s divorce papers on the red carpet.
According to Sugaré, this is a painful and humiliating moment, but it is not a tactic that will give Morgan an advantage.
“The race to initiate divorce proceedings is a good thing for television, but being a petitioner does not give Morgan priority over assets or make the judge more sympathetic to her,” Sugaré said.
While it’s “legally permissible” to present a divorce petition on the red carpet, Sugaré says it’s normally done via email.
So, is Divorce Really a ‘War’?
As for the name of the series? Sugaré said the war is an apt metaphor for the potential brutality of divorce.
“It can be aggressive. It can be malicious. It can be personal, and the lawyer’s job is to try to restrain your client,” Sugaré said.
A good lawyer, he said, tries to help clients stop thinking about their feelings and the end of the marriage and instead prepare to “reach reasonable agreements or make big decisions about their future.”
Her advice to anyone entering marriage? At the risk of sounding like an “anti-love guy,” Sugaré suggests that both parties sign a prenuptial agreement.
“It’s not very romantic,” he said, “but prenuptial agreements can sometimes be a reasonable solution for parties to consider.”