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Do you really want an "aggressive" divorce lawyer?


Some divorce attorneys advertise themselves as "aggressive."  The question you may want to ask yourself is whether you really want an aggressive divorce lawyer and what you consider "aggressive."

Aggressive means different things to different people.  Here are a few things I have been told over the years when they described how they thought an aggressive lawyer should be and the term I think applies to their description.

  1. Responsive - I want my attorney who is going to address my concerns and protect my interests quickly.  

  2. Fighter - I want to see and hear my lawyer fighting for me this divorce.

  3. Whatever It Takes - The lawyer needs to do whatever it takes to get what I want in this divorce.

  4. Proactive - The lawyer needs to stay on the offensive. I want my lawyer to be a step ahead of the other side every step of the way.

In my opinion, the best way to hire an aggressive divorce lawyer is to know what you want and be able to explain what you want to the lawyer you are considering.  Aggressiveness takes many forms.  These are the four (4) most common examples I've heard over the years yet a caveat can be applied to each of them.

  1. Responsive lawyers are not necessarily aggressive. An efficient lawyer can respond quickly without necessarily being aggressive. The speed at which the attorney responds may not be as important as how the attorney addresses the issue at hand.  Most lawyers should try to be responsive to their client no matter how they practice.

  2. Fighter lawyers may sometimes appear aggressive simply because he or she knows that is what the client expects.  This is true even when an aggressive posture may not help the client's interests.  

  3. Whatever it takes lawyer may be a risky proposition.  Some lawyers may be willing to breach their professional code of conduct, exceed boundaries of morality and decency, or even break the law. The lawyer is an extension of you in the case.  Therefore, the lawyer's conduct reflects on you in your court case.  How you are viewed by the court in your case is important. If the lawyer's conduct is viewed poorly by the judge, the judge may hold you responsible.

  4. Proactive lawyers may be the safest bet when it comes to hiring an aggressive attorney. A proactive lawyer is likely to be responsive and will try to maintain an offensive posture in your case as the circumstances require it.  A good proactive attorney in all aspects of a case can be aggressive while curtailing behavior to insure appearances of respect and proper decorum both with the court, the opposing attorney and the opposing party while keeping good communication with the client. 

In most situations an experienced yet proactive divorce lawyer is a good balance for most divorce clients. The one thing client's must keep in mind is that a lawyer can only be as proactive as you allow him or her to be or to the extent you can afford him or her to be.  

It is very often the case that being proactive in a case to try to maintain a good position in the divorce proceeding is likely to be more costly than simply letting the case unfold. Therefore, if you have limited funds for your case a good proactive attorney will choose battles wisely to balance strategy with the client's financial situation.

It is always best to sit down for an advice session with a competent and experienced family law attorney in the state in which you have your issue before taking any kind of action.

For people within the State of Rhode Island, feel free to call me to set up your comprehensive low-cost flat fee legal advice session. Know what your options are before you act.

Call today and be on your way to getting the answer you need!  (401) 632-6976