As the best family law lawyers in Gilbert AZ we often get asked, “is it good to have an aggressive divorce lawyer?” I want to tell you about an interesting divorce consult that I had earlier this week. It was actually not much different than probably hundreds or maybe even thousands of divorce consults that I’ve had in the past, except for at one point during our conversation, the individual that I was consulting with said something to me that kind of struck a question in my mind and it’s a question that does come up every once in a while. In describing the situation that he and his spouse were going through, he said to me, “What I’m really looking for is a snake in the grass…” And I kind of chuckled and said, “A snake in the grass. It sounds to me like you want a lawyer that’s aggressive.” He said, “That’s exactly what I want.” And it kind of dawned on me that that’s something that a lot of people are looking for when they get a divorce lawyer. They want someone who’s aggressive. And I thought, “What makes an aggressive lawyer and is it good to have an aggressive lawyer?” So I kind of want to talk about the pros and cons of having an “aggressive lawyer.”
In my mind, that aggressive lawyer is someone who is really, really good at what they do and particularly is good in the courtroom. So what are some of the pros of having an aggressive lawyer? Well, usually they’re very experienced. They understand the law very, very well. They’re going to give you really good advice, and sometimes that really good advice is don’t litigate, don’t push this to court unnecessarily. There may always be good reasons to go to court in these cases, in divorce cases, but sometimes the best advice you can ever get from an attorney, especially one who I think is trying to be very up front and very honest, is you should be looking for opportunities to settle. Now, that may sound like the exact opposite of an aggressive attorney, but aggressive almost always means expensive. And in my mind, a good attorney is one who is giving you advice and helping you try to find a way to resolve your case in the quickest and least expensive way possible. Sometimes it is necessary to be aggressive. What would those times be? Well, it would be situations where the other party is being completely unreasonable. Where there might be a need to do some extensive discovery. For example, if you think someone’s hiding assets or if they’re not being cooperative, then you have to file certain motions with the court. But aggressive attorneys, snake in the grass if you will, are at least in my mind someone who might be doing a lot of unnecessary work that’s only driving your cost up.
So, when you are talking to a lawyer about your family law case, I think is very fair and reasonable to ask: “Are you aggressive?” But in my mind, an aggressive attorney is someone who is smart, someone who’s going to give you good advice and isn’t always one who is telling you to file a whole bunch of motions with the court and pushing your case to trial unless it’s absolutely necessary. As always, we welcome an opportunity for you to come down and visit with us here at the law offices of Kevin Jensen and talk about your case. We may not be snakes in the grass, but we’re seasoned attorneys who can analyze your case and give you advice on how to best approach your particular case. Thanks.
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