Is South Carolina family court the only place where attorneys negotiate with the expectation that judges won’t follow the law?

I negotiated the resolution of a motion for temporary relief at the courthouse on Friday.  On at least three different occasions during the hour and a half negotiation either I or the opposing attorney asked for language in the agreement based on nothing more than our clear expectation that the family court judges could not be expected to follow case law on what is a change of circumstances or not giving precedential value to a temporary order at the final hearing.

This isn’t atypical in my experience, leading me to ask: “Is South Carolina family court the only place where attorneys negotiate with the expectation that judges won’t follow the law?”

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