Everyone has seen the movies and shows where a lawyer represents his/her client (in and out of court) like a berzerker. We have heard of the horror stories of innocent people left hung out to dry by a neglectful lawyer. Where does a good divorce lawyer exist on the spectrum between these extremes?
Instinctually, your first thought may be that you want a fanatic divorce lawyer. Ha, ha! Take that, opposing party! Experience the god-like fury of my rabid dog of an attorney! Not so fast.
Now, of course a good divorce lawyer defends his/her client vigorously to the best of the lawyer’s ability. However, what does this kind of divorce lawyer do when you do not follow the lawyer’s exact instructions or conduct yourself in a way that may not harm your case but make the lawyer’s job harder, cramps that lawyer’s style? Experience the god-like fury of your rabid dog of an attorney!
Following a trusted lawyer’s advice—when the trusted lawyer is skilled, ethical, and thus worthy of your trust–is hard to beat as a formula for success in your case, but not everyone values success as the primary objective. Some clients don’t like being told what to do (even when it’s in the form of advice).
You may want a more laissez-faire lawyer, one who caters to your ideas for the direction the case goes (even if it’s not all that smart), a lawyer who more hands off, who isn’t barraging you with e-mails and phone calls and copies of documents, and requests for this or that. He/she shows up to the hearings, advises you on the important matters, but otherwise pretty much leaves you alone. If that’s your preference, just realize that you have to accept the bitter consequences of that approach along with the sweet. If you want a “less confrontational” lawyer, don’t complain when you get a settlement reached quickly, but at the expense of making concessions to avoid conflict or more costs. You can’t complain about “not fighting hard and long enough” if you tell your attorney not to fight long and hard (and don’t pay him/her to do so). That’s the hard thing about taking the easy or easier way out.
Regardless of how much fight you want in your lawyer, don’t hire a lawyer who is dishonest. A lawyer who will lie for you will lie to you. Be realistic about your case. Understand that lawyers aren’t wizards. Your divorce lawyer may advise settlement because you have a weak case, and no amount of rallying against the dying of the light will change that. Your divorce lawyer may advise you to go to trial because you have a great case and the evidence to back your case up, but then you may get a stupid and/or biased judge to rule against you. So understand the risks of settling too easily or fighting too much.
What should you do? You need to find a divorce lawyer who understands what you want and works well with you. If you don’t play well with others, a divorce lawyer that is more laissez-faire may be a better fit for you. If you are personally conflict averse, but are tired of being treated like a doormat, you may want (even need) a divorce lawyer that is more aggressive.
Utah Family Law, LC | divorceutah.com | 801-466-9277
