Monday, October 7, 2013

War and Peace


I like to say there are two types of family law attorneys:  the litigators and the counselors at law.  The litigators scream at you from almost every TV show and movie that have roles for lawyers.  The counselors at law you rarely see in popular media.  The reason is drama. There is nothing more dramatic than watching an attorney perform in a courtroom.  Counselors at law are boring for passive audiences; they work with clients to solve their problems, usually but not always outside of the courtroom.  The main difference between litigators and counselors at law, however, is in their approach to family law.  The only tool in the litigator's toolbox is a hammer, so every problem is a nail, or in this instance, a case to be tried.  The counselor at law, by contrast, has a tool box full of all kinds of tools in addition to the hammer of litigation:  mediation, collaboration and negotiation.  Those tools have component parts that can be broken down and used with other tools, if you only know how to do it.  The counselor at law does; the litigator doesn't.  Just because your attorney litigates doesn't make them a litigator.  It is their attitude toward litigation and their approach to you and your case that lets you know what kind of attorney you have.  Are they interested in solving your problem or simply in trying your case?  Do they explore other avenues, or is the road to the courthouse the only one they know?  Do they dismiss the notion that professionals other than attorneys can help resolve your issues?  There's nothing wrong with trying a case; many cases need to be decided by a judge.  So many more do not.  Just my opinion.  Choose your attorney wisely.  Here in the Trenches.

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