‘She’s poor, that’s why she’s going to lose’: Top divorce lawyer cries and reveals saddest case he won but ‘should have lost’

Top divorce lawyer James Sexton recently revealed one of his most heartbreaking cases in an interview with Steven Bartlett, host of the popular YouTube show Diary of a CEO. Sexton, known for his expertise in complex family law cases, talked about a custody battle he won but wished he had lost. His story exposed the grim reality of the justice system, where financial inequality can tip the balance. “She’s poor, that’s why she’s going to lose,” Sexton said through tears. “And he’s going to win because he can afford a lawyer who knows how to use a document as evidence.”

“The judge allowed this to happen”

Sexton’s client was a man with a history of violent abuse who was facing a custody battle against his ex-partner, the mother of his children. “I represented a pimp,” Sexton admitted. “He did that for a living… he’s been in prison for a long time, but at the time he had brutally abused a woman he had children with.” The woman, who was struggling financially, was assigned an inexperienced state attorney who made just $25 an hour, compared to Sexton’s rate of $750 an hour.

The most critical piece of evidence in the case was a photo of the woman’s injuries after her partner allegedly attacked her. But as Sexton explained, obtaining evidence in court requires precise wording. “It’s easy,” Sexton explained. “You say, ‘I want this marked for identification,’ and then you ask the witness if it fairly and accurately reflects what happened. But her lawyer didn’t know the words.’

While her lawyer struggled to get the photo admitted, Sexton objected to her wording, forcing the judge to support the objection and block the evidence. “I saw her struggling, not knowing the words. And my internal dialogue was, ‘Just say it. Just do it right.'” But the judge refused to help, leaving the woman’s attorney floundering. “Normally judges step in to help in cases like this, but this judge just let it happen,” Sexton recalled.

When her lawyer tried a few more times, each attempt failed and she finally gave up and said, “I don’t know what to say.” I’m sorry.’ The case was dismissed, allowing Sexton’s client to prevail. “And as we walked out,” Sexton recalled, “my client patted me on the back and said, ‘A good lawyer is better than twenty robbers.’ That wasn’t a good day.”

“People who have to lose, have to win – because they have money”

Reflecting on the case, Sexton said: “This is the broken part of the system. People who should lose win, and people who should win lose – all because they can’t afford a good lawyer.” For Sexton, it wasn’t just about his work; it became a settlement with the system itself. “I believe in the system, even if I don’t always believe in my client. But seeing someone lose when they shouldn’t, that doesn’t feel good.”

Sexton’s story highlights the systemic inequality within the American legal system, where financial resources often determine the outcome. According to Newsweekthe average hourly rate for a lawyer in the US ranges from $211 to $424, putting quality representation out of reach for many middle-class Americans. Legal aid is available to low-income people, but the middle class – who earn too much to qualify for help and not enough to pay high legal fees – often fall into a ‘legal gap’. In fact one Newsweek The report shows that nearly 74.6% of low-income Americans face civil legal issues without access to affordable attorneys.

New York attorney Min Hwan Ahn explained Newsweek how the system is failing the middle class: “Middle-income individuals find themselves trapped in a rule of law gap because the system appears to favor the rich or the poor, while those in between are left to fend for themselves.”

A growing gap in the rule of law: “Litigation is out of reach for most”

The economic barriers don’t just affect the poorest Americans. Even middle-class people are increasingly priced out of legal representation. In 2022, the US Census Bureau reported a median household income of $74,580and with attorney fees averaging hundreds per hour, many people are left without options. Bankruptcy attorney Adrienne Hines noted, “Lawsuits that make the news often involve sensational facts or high-profile individuals. Everyday legal issues faced by ordinary people, such as breach of contract or misrepresentation, rarely make the headlines.”

For many, this financial hurdle is insurmountable. Newsweek found that approximately 37.9 million Americans lived below the poverty line in 2022, a figure that remains unchanged from the previous year. In the meantime, Newsweek adds that the divorce rate has fallen by 29% in the last ten years, but not necessarily for positive reasons; The high cost of divorce cases discourages people from pursuing it.

The system is failing the vulnerable

Sexton’s experience highlights the gap between the ideal of “equal justice” and the reality for countless Americans. As Sexton concluded, “This isn’t about winning or losing. It’s about a broken system where justice is often for sale.” While contemplating whether to take the case again today, Sexton admitted, “If I knew it was going to be like this… I might not accept it. Seeing someone lose because they are poor, that stays with you.’