The characteristics of a divorce lawyer are important to consider
when seeking legal representation. Whether your divorce is highly
contested or if you are close to settling all or most of the major
issues pertaining to your divorce such as child custody and visitation,
division of property, and support, the following characteristics of a
prospective divorce lawyer should be considered.
(1) Proactive
(2) Willingness to negotiate
(3) Assertive
(4) Approachable
(5) Problem solver
Proactive
Proactive
divorce lawyers often keep the opposing party on the defensive. Rather
than reacting to the opposing counsels requests, a proactive attorney
will have a strategy and often initiate action requiring the other party
to respond or react. When done effectively, the opposing party may
find themselves responding and reacting with little or no opportunity to
go on the offensive.
Willingness to negotiate
Cases
in which the parties are close to settling all or some of their divorce
issues can benefit from divorce lawyers that are willing to help
negotiate settlements out-of-court. Additionally, much time, money, and
stress associated with contested divorce cases can be drastically
reduced. However, in highly contested divorces, negotiating settlements
may not be an option and a good trial lawyer may be more valuable.
Assertive
An
assertive divorce lawyer is typically confident, but not arrogant, and
knows when it is OK to be assertive and when it is not. Additionally,
such an attorney will often demonstrate confidence in the courtroom
through his/her experience and may remain unemotional throughout your
divorce proceedings. The attorney's communication with the opposing
counsel will typically be amicable, but when under attack, he/she will
not be afraid to assert his/her client's position.
Approachable
Approachable
attorneys are easy to talk to and easy to get in contact with. When
you request to speak with them they will make themselves available and
return your call in a timely manner. However, an approachable attorney
is not an attorney that will engage in meaningless conversations that
have no relevance to your case. Typically, an approachable attorney
will demonstrate good listening skills in a conversation and will
politely inform you if they believe you are getting off the subject to
make the best use of his/her time.
Problem solver
An
attorney that demonstrates good problem solving skills will have a
strategy for your case. Such attorneys are often willing to negotiate
settlements when it makes sense, but are fully prepared for trial if
matters cannot be settled out-of-court.
If you plan to retain a
divorce lawyer to help you with your divorce, taking into consideration
the above 5 traits of a prospective attorney before you hire him/her
might save you a surprising amount of time, money, and stress during
your divorce proceedings.
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