Top divorce attorney James Sexton recently revealed one of his most heart-wrenching 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, recounted a custody battle he won but wishes he had lost. His story exposed the grim realities of the justice system, where financial disparity can tip the scales. "She's poor—that's why she's going to lose," Sexton said tearfully. "And he's going to win because he can afford a lawyer that knows how to put a document into evidence."
"The Judge Let This Happen"
Sexton's client was a man with a history of violent abuse, facing off against his former partner, the mother of his children, in a custody battle. "I represented a pimp," Sexton admitted. "That's what he did for a living... he's in prison for a long time now, but at the time, he had brutally abused a woman he had children with." The woman, struggling financially, was assigned an inexperienced state attorney who earned just $25 an hour—compared to Sexton's rate of $750 an hour.
The most critical piece of evidence in the case was a photograph of the woman's injuries after her partner allegedly assaulted her. But as Sexton explained, getting evidence admitted in court requires precise phrasing. "It's easy," Sexton explained. "You say, 'I'd like this to be marked for identification,' then you ask the witness if it fairly and accurately depicts what happened. But her lawyer didn't know the words."
As her lawyer fumbled to get the photo admitted, Sexton objected to her phrasing, forcing the judge to sustain the objection and block the evidence. "I could see her struggling, not knowing the words. And my internal dialogue was, 'Just say it. Just get it right.'" But the judge refused to help, leaving the woman's lawyer floundering. "Judges usually 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 eventually, she gave up, saying, "I don't know what to say. I'm sorry." The case was dismissed, leaving Sexton's client victorious. "And as we walked out," Sexton remembered, "my client patted me on the back and said, 'A good lawyer is better than 20 stick-up men.' That was not a good day."
"People Who Should Lose, 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 proper attorney." For Sexton, this wasn't just about doing his job; it became a reckoning with the system itself. "I believe in the system, even if I don't always believe in my client. But watching someone lose when they shouldn't—that doesn't feel good."
Sexton's story underscores the systemic inequities within the U.S. legal system, where financial resources often determine the outcome. According to Newsweek, the average hourly rate for a lawyer in the U.S. ranges from $211 to $424, putting quality representation out of reach for many middle-class Americans. Legal aid is available for low-income individuals, but the middle class—earning too much to qualify for aid and too little to afford steep legal fees—often falls into a "justice gap." In fact, a Newsweek report shows that nearly 74.6% of low-income Americans face civil legal issues without access to affordable lawyers.
New York attorney Min Hwan Ahn explained to Newsweek how the system fails the middle class: "Middle-income individuals find themselves trapped in a justice gap, as the system appears to favour the affluent or the impoverished, leaving those in between on their own."
A Growing Justice Gap: "Litigation is Out of Reach for Most"
The economic barriers aren't just affecting the poorest Americans. Even those in the middle class are increasingly priced out of legal representation. In 2022, the U.S. Census Bureau reported a median household income of $74,580, and with lawyer fees averaging hundreds per hour, many people find themselves without options. Bankruptcy attorney Adrienne Hines noted, "Legal cases that make the news often involve sensational facts or high-profile individuals. Everyday legal issues faced by ordinary people, like breached contracts or misrepresentation, rarely make headlines."
For many, this financial hurdle is insurmountable. Newsweek found that around 37.9 million Americans lived below the poverty line in 2022, a figure that remains unchanged from the previous year. Meanwhile, Newsweek adds, divorce rates have plummeted by 29% in the last decade, but not necessarily for positive reasons; the high costs of divorce litigation deter people from pursuing it.
The System Fails 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." Reflecting on whether he'd take the case again today, Sexton admitted, "If I knew it was going to go that way... I might not take it. Watching someone lose because they're poor—that stays with you."
