The other day I was reading a WTODivorcing post in which someone recommended that a member of the list get an "agressive" attorney. However, while you want to make sure your divorce attorney is prepared for a possible high conflict, contentious divorce, someone with a reputation as a "pit bull" can do you more harm than good. In this post, Pasadena family law attorney Mark B. Baer explains why. In an upcoming post, Tthe author of Splitting: Protecting Yourself When Divorcing a Borderline or Narcissist Bill Eddy will outline what to do when your ex is the one hiring the pit bull.
Many think that when they become involved in a lawsuit—including divorce—they need to find a lawyer who is a “fighter,” or “pit bull” (disclaimer: many of these dogs are lovable companions). By logical extension, a lawyer who is not ruthlessly aggressive would be a lesser choice.
However, strong, proactive, and even aggressive representation doesn't necessarily equate with the “pit bull model.” Attorneys classified as pit bulls often tend to be belligerent, argumentative, and eager to fight.Just like your high conflict person.That's why many judges have no respect for them.
What the public doesn't realize is that highly contentious individuals (attorneys included) usually place self-interest above all else. Always looking for more points to fight over (and taking unreasonable positions on behalf of their clients) generates significantly more money in fees for lawyers who charge hourly. So expect to pay more.
Moreover, these attorneys derive a great deal of pleasure from the fight in and of itself. In fact, many attorneys enter the field precisely because they enjoy argumentative confrontation. They tend to be disagreeable and difficult people in general and attract that same type of client. Reasonable people who want to create more of a "win-win" situation (as long as the children are safe and other needs are met) need to chose an attorney with the same mindset. If you have children, you will be dealing with your HCP as a parent for many years to come. Start on the right foot.
Pit bull attorneys thus tend to delay the resolution of a case. They file motions that make no sense from a cost/benefit analysis, which can cause the other side to file motions or incur significant legal fees and costs because their client refuses to disclose required information and/or is hiding marital assets. So pit bulls drag things out forever and set up your soon-to-be-ex to get angrier and angrier. That can backfire on you.
Pit bull attorneys don't care about resolving a case in a fair and equitable manner-- even though family law court is considered a court of equity, or fairness. They just want to win. So they take advantage of the imperfections in the legal system to make the case for the other side so costly that they'll give up. This is not the way you want to treat someone who has the potential to make your life a living hell through distortion campaigns. When they tell someone what you're doing, you'll have no defense.
Ultimately, the difficult client and difficult attorney won't be able to treat each other any differently than they treat anyone else. These sorts of mismatching are why clients might go through several different attorneys in course of a single particular legal proceeding. Let things run their course and give yourself one less thing to worry about.
I have previously written about the supreme importance of trust, mutual respect, and good communication between a client and his or her attorney to have a successful working relationship and a positive legal outcome. Pit bull attorneys” and their clients can rarely, if ever, maintain these crucial aspects of the relationship.
Mark B. Baer is a family law attorney, mediator, and collaborative law practitioner in Pasadena, California. He is recognized as a 'thought leader' in many areas of family law for his provocative and forward-thinking ideas on improving the way in which family law is handled. He provides insight on how the dissolution of familial relationships, as typically practiced, leads to poorer financial and emotional results.
mark@markbaeresq.com. www.markbaeresq.com, www.linkedin.com/in/markbaeresq