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Is Your Divorce Lawyer Effective or Aggressive?
Written by Rebecca Long Okura   
Monday, 07 December 2009 10:11
Some individuals think that being represented by an aggressive lawyer will help them get a better outcome in their divorce case. There are some situations that call for aggressive client advocacy, but persistent aggressive behavior by an attorney can lead to a prolonged legal battle with skyrocketing expenses.
by RebeccaLongOkura


Some individuals assume that being represented by an aggressive lawyer can help them get a better outcome in their divorce case. There are some situations that call for aggressive client advocacy, but persistent aggressive behavior by an attorney can result in a protracted legal battle with skyrocketing expenses.

Aggression is acceptable:

- When there is a bit of legislation that resolves an issue in your favor, and the opposing side is ignorant of it.

- When a client has been informed that prevailing is unlikely, yet the client insists on paying for continued legal action to take a principled stand.

- If opposing party attempts to intimidate you or your attorney, taking an assertive stance communicates that you will not be a pushover and sets the stage for negotiations rather than bullying.

Aggression can be detrimental when the parties are trying to settle and the attorney is aggressively looking for a reason to reject every offer rather than trying to problem solve.

An example of this behavior would be at mediation where an aggressive attorney responds to a proposal with, "This offer is ridiculous and a waste of time. Come up with something better." Instead of presenting a counter-offer that allows for further dialog, and is more likely to end in settlement.

The behavior in the first example does nothing to help the negotiation process and reduces the likeliness of settling. The aggression can escalate negative emotions and encourage an environment of conflict rather than problem solving. A case that ought to be quickly settled can be drawn into an extended legal battle, costing the client an extensive amount of time and expense while potentially ending up with a worse court-ordered decision than the offers that were dismissed throughout negotiations.

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