Does Getting an Aggressive Divorce Lawyer Help My Case?
Experienced family lawyers recognize that their clients often reach out to them at some of the worst moments of their lives. Separation and divorce can be heartrending, traumatic processes, which engage various complex emotional experiences, such as grief, shame, resentment, distrust, fear, jealousy, rage, and anxiety. It is not uncommon for otherwise rational, fair-minded people to want revenge against their ex-spouses and to fight for 100 percent of family property and 100 percent of parenting time with the children, leaving their ex-spouses with nothing.
When you have experienced a marital breakdown and emotions are running high, you may be tempted to look for a “bulldog” or “pitbull” lawyer – a lawyer who has cultivated the reputation of being aggressive and uncompromising when advocating on behalf of their clients. The truth is, getting an aggressive divorce lawyer will rarely be in your best interests.
The Pitfalls of a Pitbull Lawyer: Why getting an aggressive divorce lawyer rarely helps your case
1. Unnecessary legal fees
If you want to resolve your divorce matter in a cost-effective manner, hiring an aggressive lawyer is probably not a good idea. Aggressive lawyers can unnecessarily increase your legal fees by fighting for the sake of fighting, bringing forward court applications with little merit, and thwarting reasonable opportunities to settle matters outside of court. The more drawn-out your family law dispute is, the more expensive it tends to be.
2. Lower chances of reaching fair settlements
Lawyers who take an aggressive approach to family law disputes can lower your chances of reaching fair settlements in a timely manner. By picking unnecessary fights and adopting an overly adversarial communication style, aggressive lawyers can aggravate existing tensions between you and your spouse and can contribute to the deterioration of any remaining trust and good will between the two of you. Without trust, it can be very difficult to have an open and productive discussion about how to fairly divide family assets or make arrangements for the care of the children.
Moreover, aggressive lawyers typically do not earn the respect of other lawyers, which reduces the likelihood that other lawyers will want to, or be able to, negotiate with them.
In the legal community today, trial is generally considered a last resort. The vast majority of family law disputes settle before trial, and this usually benefits all parties involved by saving you valuable time and money, allowing you to move on with your lives.
3. Higher degree of conflict after divorce
In many divorce cases, especially where there are children involved, you will still need to work with your ex-spouse for many years after you reach a settlement or obtain orders governing your family law matters. For instance, you may need to work together to deal with new issues related to parenting time or make decisions together about your children’s education or healthcare.
Aggressive divorce lawyers often contribute to a higher degree of conflict after divorce by making the divorce process more adversarial than necessary. This can leave you and your spouse with lasting emotional scars that make it painful and more challenging to communicate effectively in the future.
In the end, you will likely be better served by a lawyer who prioritizes respectful communications, logic and evidence to back up claims, and strategic, responsible advocacy. Please contact us for a consultation.
The material provided in this blog is for general information and education purposes only and does not contain, and should not be construed as containing, legal advice applicable to a particular set of facts. If you require legal advice, please contact us for a consultation with one of our experienced family law lawyers.