Some family law clients use the word aggressive when they are looking to describe what they believe to be the ideal lawyer. What does the word aggressive mean when it used for describing lawyers? It means the lawyers that are zealous, forceful, and passionate about the case they are fighting.
Aggressiveness in a divorce and family lawyer is not a bad quality. But aggressiveness without temperament and intelligence is not only bad for your case but also expensive for you.
When we talk about aggressive lawyers, there are two types of lawyers in that fit into the category:
The first one in this category and one that you should stay away from when you are looking to hire the best lawyer for your case are the overzealous ones. As you go through lawyers trying to find the best one by having discussions with each, the wrong kind of aggressive lawyers will speak to you about the following things on your visit:
- Going into litigation and court intervention at all costs. They will diffuse any talks of settlement discussions urging you to fight it out with your spouse, thereby increasing your legal fees.
- Using delaying tactics and litigation proceedings to raise the overall costs of your spouse, hoping to strain them into submitting their rights.
- Urging you to make false accusations of domestic abuse, drug abuse and violence against the child to gain advantage in the case.
Lawyers that try and lure you using these tactics might be aggressive in their approach to the case, but are far from being the best.
The best aggressive, reputable Orange County divorce lawyers will handle your case in a completely different way. Here are examples of how they’ll handle your case.
- Top lawyers will make sure that the case is fought once the information relating to the case is clear. They will talk to you at length and go over all of your facts and evidences, using their aggressiveness to guard against assumptions. A good lawyer will make sure they know all the minute details before going into litigation.
- Divorce lawyers are expected to act responsibly not overcharging their clients for aspects that could easily have been settled. Good Orange County divorce lawyers will aggressively advice you to settle with the other spouse on issues that are easily settled. Fighting over petty issues can both waste the time of the lawyers and drive up your legal costs.
- The difference between best divorce lawyers and average ones is that the best lawyers know the art of being aggressive yet polite. You cannot yell at a judge and expect to win a divorce case. Good ones will aggressive with their reasoning and not with their level of their voice.
Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.
Some parties come to divorce mediation in Orange County and elsewhere because of the cost advantages of this process over litigation. This is a valid reason since divorce mediation is considerably more cost-efficient when compared to litigation as there is no need for two separate attorneys and court fees. As such, the financial considerations are understandably the reasons why people come to divorce mediation. There are, however, other costs as well that justifies considering divorce mediation over litigation.
Cost of Emotions
This isn’t a monetary expense, yet it is a heavy cost that most couples have to pay in the litigation process. Mediation, on the other hand, is your chance to significantly minimize the emotional costs. Why? Good Orange County divorce mediators are adept at handling the emotional side of divorces and will be good comforters to you. Unlike the aggressive court proceedings, here the mediator will tend to keep a tab on emotions and make sure the mediation is carried out in a peaceful and calm manner. When you are emotionally charged, especially if you have kids,, breaking down emotionally isn’t an option. A good divorce mediator will act as a calming influence in your life and help you get through the rough patch unscathed.
Lack of Attendance on Job/Business
This is a monetary expense just like the financial costs. In court cases and litigation processes, each spouse will have to make court appearances. These court appearances can range from a few to many, as all hearings are usually necessary to attend. The hearing is scheduled after seeing the availability of the judge and both the spouses’ attorneys. This means that the spouses will have to attend the hearings on the date set irrespective of their schedule. In most cases their job and their business will be neglected on such days, and this can be really costly. In contrast, in divorce mediation, the dates for the process are set according to the availability of both the spouses and are flexible to change.
Out-of-the-Blue Financial Hardships
Starting a divorce through an attorney means that each spouse has likely paid an initial retainer fee. The retainer fee is the advance of all the meetings and calls that the attorney will have and charge at an hourly rate. However, it is common in court cases for clients and attorneys to contact one another multiple times. This means a spouse is likely to have very high legal fees. A spouse may also be needed to pay extra amounts for accountants and other experts that are called in to help resolve the case.
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.