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| | Don't let the system decide your emotional and financial future.
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 At the onset of each litigation, I encourage my clients to negotiate the terms of settlement rather than to initiate litigation techniques designed to further polarize their spouse. Even in the initial consultation I am exploring the viability of negotiating a settlement. This may not always be possible. However, even when it is necessary to access the courts in the beginning of the case, circumstances may change sufficiently that we can negotiate other issues at a later date. A perfect example is a client who comes into my office who has been abused. The first step is to ensure the safety of the individual, which will require getting an enforceable order from the court. However, we may still be to resolve the remaining issues of the case through negotiation. The advantages of negotiating the terms of the divorce are to allow the clients direct input into what those terms will be. Ultimately, it is the client who must live under the terms and no one, not the lawyers involved nor the judges deciding the cases can tailor an order better than the parties.
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Many attorneys were never trained to negotiate, but only trained to litigate. This approach often hampers the divorce negotiations. As an Aetna employee, I negotiated large commercial contracts with other insurance carriers and clients. This background transferred naturally to contract negotiations particular to resolving family disputes. I found this made me unique in the legal world.
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Often clients approach me with a set idea of how they believe their case will proceed. Even when given the option of negotiation, they are convinced that it will never succeed because of the emotions involved. Yet, in over 90% of my cases, we are able to negotiate a much better resolution than the court could craft. We do this through a variety of means including bringing in other experts into the negotiations. These experts may include a guardian ad litem (GAL), psychologists, counselors, accountants, financial advisors, tax advisors and appraisers. I network not only with other attorneys specializing in family practice, but also these other professionals as well as the judiciary so all these various components can be coordinated and tailored to the needs of my client and his or her children.
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Unfortunately, in some rare occurrences, a trial or hearing is necessary. There are some disagreements between parties that cannot be negotiated either because of the personalities involved or because the issues are too divisive. When this occurs, my background in handling civil litigation becomes an asset in the way I prepare and present the case to the trial judge. My approach is two fold: First, while it is ultimately my client’s decision whether to accept an offer or to request a trial, it is my role to make pragmatic recommendations to guide my client in making this often overwhelming and frightening decision. I base my recommendation on several factors including the seriousness of the issue, the financial cost of the trial, the emotional cost of the trial and the likelihood that my client will prevail. Secondly, I pride myself in the degree of preparation and focus I bring to presenting the facts at the trial. Nothing ensures that my client will prevail better than having complete knowledge of issues involved and the legal basis for my client’s claims, preparing my client for his or her role in the trial and presenting the proper witnesses to convince the trial judge of the veracity of my client’s position.
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| Please call to discuss your concerns further. Our initial consultations are designed to expand on the information we are providing on this site, especially as pertains to your particular concerns. These consultations are thorough and you should plan on at least two hours for a consultation. Although regular business hours are 9:00 AM to 5:00 PM, you will find that we try to accommodate individual schedules in scheduling appointments. | |
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