What To Do If The Lawyers Are The Only Ones Fighting
In this video, I answer the question “what should I do if the divorce lawyers are the only ones fighting in my case?”
This is actually more common than you may think. It’s a situation where you and your spouse may be getting along pretty well and are possibly agreeing on many of the legal issues in the divorce case.
However, the lawyers that represent the two of you are going back and forth nitpicking each other, fighting, and stirring up drama in the case.
This can have a negative impact on your case in several different ways. It can cause the case to cost more than it should and they can cause conflict between you and your spouse where it was not necessary.
What do you do if your lawyer is being more aggressive to the other side then you want them to?
The most appropriate first step to take when you think your attorney is being too aggressive and causing problems in the case is to just sit down and have a candid conversation with them.
Express your feelings about wanting the case to be as amicable as possible and ask them to let up on the reins a little bit.
If that conversation does not get you anywhere then you may want to see if there is another attorney at that firm that can assist you for the rest of your case. If that is not possible, then it may be time to start doing some research to find a different divorce attorney.
You are able to change attorneys while your case is in progress. However, you do want to be aware of the type of fee structure that you agreed to when you hired the attorney. If you paid your lawyer a nonrefundable fee then you may not get your leftover funds after you fire them.
The absolute best way to minimize attorney conflict in your case is to be cautious and to do your homework when you are first looking for an attorney.
There are plenty of attorneys who advertise themselves as “aggressive” and as “pit bulls”, however, I do not find this to be an effective means to get to an amicable resolution in your case.
The best question to ask any attorney who you are considering hiring is what their settlement percentage is.
If they tell you that they have a settlement rate above 50% then that is not bad. If their settlement rate is above 75% then the attorney is probably somebody who recognizes the importance of negotiating amicable settlements in divorce cases.
If the attorney tells you that their settlement rate is below 50% that should be a red flag to you. If they are below 25% then this is not an attorney for you if you are hoping for an amicable resolution in your case.
If, however, you are a litigant who does not care about settling and only looks forward to intense high conflict litigation then that type of attorney is probably the way you should go.
I would advise you, however, if you are only looking to punish your spouse with litigation perhaps you should do a little bit of soul-searching to figure out why. Most importantly, you want to really think about whether or not causing your spouse pain during the divorce process is going to truly bring you any healing or satisfaction. It is my experience that it will only bring more disappointment and sadness.
I hope this has helped provide some value to your situation. If you would like to speak with us about your specific situation, do not hesitate to call us at 407-574-6155
Sean Smallwood is an Orlando divorce attorney for the law firm Sean Smallwood, Orlando Divorce & Family Law P.A. where he represents clients in all areas of family law and divorce. 100% of the practice is devoted to family law. As an attorney in Orlando, he has helped many families with a wide variety of family law cases including Divorce, Child Custody, Child Support, and many other issues.