Relationships, whether conjugal or commercial, turn on trust, lawyer finds

The law was an easy career choice for James Jimmerson.

The Las Vegas native watched as several high-profile locals he admired, including former U.S. Sen. Richard Bryan and Las Vegas Sun Editor Brian Greenspun, shipped out for law school in the 1960s and '70s, and decided the profession would make for an honorable living. Jimmerson's first forays into the law involved business litigation; he worked for Wayne Newton on a defamation lawsuit against NBC and helped win a $28 million verdict against Clark County over the construction of a wastewater-treatment plant.

After a few years in business litigation, Jimmerson's career took a turn: He agreed to represent Beverly Jones, the wife of car dealer Fletcher Jones Sr., in a divorce. Jimmerson got Jones a larger settlement than the couple's prenuptial agreement allowed, and soon, Jones was recommending Jimmerson's family-law services to the Las Vegas jet set.

Jimmerson has handled family matters for celebrities including Rich Little and Wayne Newton, and he's represented boxer Mike Tyson in numerous matters. Today, Jimmerson's practice is split roughly 50-50 between the business litigation that helped give him his start and the divorce practice that helped give him his name.

Question: What's more stressful to work on, business litigation or divorce?

Answer: Divorce. In terms of litigation, I really do understand how to speak to a jury, and I really do feel comfortable in the theater of the courtroom. In divorce, everything is so personal. The opposing party views you as the enemy. It's the spouse's lawyer who is making the points, so not only does the other side not care for you, but if you don't do your job right, your client may not care for you.

Question: Do you ever worry about being hurt? Have you been threatened?

Answer: I've been threatened on several occasions. You have to decide early on whether this is a field you can stand to be in a hot kitchen for. You worry about physical violence, but I don't let it affect my work. In the end, the client still needs protection and the job still needs to be done.

Question: What's the craziest or most depraved thing you've seen someone do in a divorce case?

Answer: I handled a case for a woman who spoke very little English. Her husband was pummeling her frequently, and she'd call the cops repeatedly. They'd come to the home, but she couldn't communicate effectively and bruising wasn't always readily visible. So the police would leave. This woman finally filmed in secret the activities of an evening at home. The husband beat the holy heck out of her, and suddenly all those police complaints were now realized to have been the truth. She was vindicated, the children were awarded to her and he was convicted of gross-misdemeanor battery.

We also had a case where the wife believed her husband was seeing another woman, so on her way to the airport to visit her parents, she stopped at Neiman Marcus and spent $24,000 on his credit card. That happens a lot, as the woman fixes his wagon by what I call punitive spending. Husbands are punitive toward their wives most often through cheating.

Question: What's the No. 1 reason people get divorced?

Answer: Infidelity, but also a lack of trust and respect. Lack of respect is the conclusion for whatever fact pattern you're seeing, whether it's the husband stepping out or the wife lying about her gambling problem. Financial hardship is certainly a major reason too, because when you're making money and things are going well, you can overlook the small things.

Many times, the little things add up. You ask the husband not to wear his shoes in the house but he does it anyway, or you ask the wife to look after the children and she doesn't do it. The lack of caring and respect lead to incompatibility.

Question: Have you ever had divorcing clients change their minds and stay together? Do you ever try to talk people out of divorce?

Answer: I've pushed reconciliation. And there are people who have used the most foul language and the harshest criticisms. They'll say, "You're a lousy father," or, "You're not very good in the sack" -- I mean, just terrible things. And then they'll reconcile. Except for violence or abuse, there's no set of facts that would preclude a couple from reconciling. For me, if there were never another divorce, it would be just fine. I believe in the institution of marriage. In some regards, we've made it a bit too easy to get out of.

Question: Can every marriage be saved? Are there some marriages that can never be saved?

Answer: You cannot live in a relationship in which someone is abusing you or reducing your self-esteem to zero. Those marriages should end. In other cases, it's a matter of whether you care enough to make a marriage work. Marriage is a 3-2 vote. That middle vote is moving in favor of or against marriage throughout every day and year. It depends on whether both parties are contributing roughly equally to making a marriage work. As long as people care about the other spouse and care about staying married, then the marriage has a chance.

Question: In business litigation, is there an underlying set of issues behind most lawsuits?

Answer: It usually comes down to telling the truth. In business, disputes occur when there is doubt as to the veracity or loyalty of individuals. It's a relationship game about trust. You have to be truthful and you have to be communicative of that. That's the angle I look for in these cases. The jury, the judge or the people you do business with want to work with people who are reliable, responsive and truthful.

Question: So how does a business minimize the likelihood of litigation?

Answer: Stay away from problematical business situations, like the odd request or something you wouldn't normally follow. Document what you're doing. Don't make a commitment until you're sure you want to make the commitment. Don't sign that contract unless you're sure you're going to perform your end of the bargain, and ask yourself if you can afford to wage litigation if your contracted party doesn't comply with his or her obligations. So many times, people make agreements they can't afford. You have to be more visionary and less myopic. Don't go for the quick dollar. Look to see if the relationship will benefit you and your company a few years down the road.

Question: What gives you the greatest sense of satisfaction on the job?

Answer: We have a book at the front of our law firm's office that has many letters from clients who have written to thank me for helping them. They'll tell us their child's future is assured by virtue of our helping them in a custody matter. One businessman gave me an eagle in front of the office that says, "You cared to take my case when no one else would take my case. Your excellence in advocacy is appreciated." The knowledge that you've helped your client and made a positive difference in someone's life is the reward. It's a feeling that maybe you've turned the law practice into an art or craft, and that you did something that was inspiring or appreciated.