One of the most difficult decisions a divorcee will make is choosing a lawyer. While it may seem like a simple choice, hiring a lawyer can be difficult in that a client must select an attorney who they comfortable sharing intimate details of their lives, they must have the experience to deal with the unique issues their divorce, and they must have the correct temperament to maintain the client’s cool.
Temperament is an important aspect for divorcees to evaluate in an attorney because an aggressive lawyer may not be the best lawyer for the situation at hand. This is especially important given the misunderstanding many people have between assertive lawyering and aggressive lawyering.
An assertive lawyer zealously defends his or her clients under the law, and ensures that court rules are being followed. In this course, the lawyer is strategic in concessions in order to reach a win-win resolution. Conversely, an aggressive lawyer relies on threats and intimidation to get his or her way. While this may be successful in some instances, it generally promotes aggressive lawyering (and non-cooperation) from an opposing attorney.
Moreover, aggressive lawyers tend to annoy judges who see through bullying tactics and tend not to give them the benefit of the doubt. While it may seem enticing to hire a lawyer who most lawyers appear to be afraid of, it may be better for you to work with an attorney that other lawyers enjoy working with.
With that said, beware of the allure of a ”pit-bull” lawyer. After all, everyone likes golden retrievers.
Source: HuffingtonPost.com,” Aggressive lawyering is counter-productive,” Mark Baer, November 4, 2013
