Frequently clients arrive and announce that they need “a tough lawyer who will fight for me”. At Clark Panagakos we will take the gloves off if it is necessary but find that starting a matter, or indeed generally being involved in a matter and behaving like a gladiator is not necessarily the best approach and in fact can often be counterproductive. Ever dealt with a bully and not want to “smack them back” – over the years it has become obvious that sending a missile to the other party does not usually result in them sending flowers and a rainbow back!

In family law matters, emotions often run high, and disputes can become complex and contentious. Many individuals seeking legal representation in such cases may assume that the most aggressive lawyer is the best choice to protect their interests. However, this misconception can lead to adverse outcomes and further escalate conflicts. In this blog, we will explore why the best family lawyer for the job is not necessarily the most aggressive one.

Understanding the Real Issues

Family law cases involve delicate matters such as divorce, childrens living and time spending arrangements, spousal  or child support, and property division. In these situations, it’s crucial to have a lawyer who can empathise with the emotional challenges and focus on understanding the underlying issues. An excessively aggressive lawyer may be more concerned with ‘winning’ the case rather than finding peaceful and amicable resolutions that benefit all parties involved.

Promoting Communication and Collaboration

The most effective family lawyers prioritise open communication and collaboration. They understand that aggressive tactics can lead to heightened tensions and prolonged legal battles, which are rarely in the best interests of the family members, especially children. A lawyer who encourages communication between the parties and explores mediation or negotiation can often achieve more satisfactory outcomes without the need for protracted court proceedings.

Considering Long-Term Consequences

An aggressive lawyer might push for immediate gains without fully considering the long-term consequences of their actions. While securing a short-term victory may seem appealing, it may not be the best strategy for maintaining family relationships or ensuring sustainable solutions. A competent family lawyer will have their client’s best interests at heart and will strive to achieve resolutions that promote the well-being and stability of the entire family in the long run.

Protecting Emotional Wellbeing

Family law cases can be emotionally draining and mentally challenging for all parties involved. An overly aggressive lawyer might inadvertently worsen the emotional toll by escalating conflicts and prolonging the legal process. The right family lawyer will be sensitive to the emotional well-being of their clients and work to minimize stress and anxiety during this difficult time. Sometimes it is smarter not to “poke the bear”.

Focusing on Customised Solutions

Every family law case is unique, with its own set of circumstances and complexities. A skilled family lawyer will recognize this and approach each case with a tailored strategy. Instead of adopting a one-size-fits-all aggressive approach, they will take the time to understand their client’s needs, concerns, and goals, then craft a customised plan that addresses those specific aspects effectively.

Conclusion

While it may be tempting to hire the most aggressive family lawyer in the hope of achieving a swift and favorable outcome, this strategy can often backfire and lead to more harm than good. The best family lawyer for the job is one who prioritises open communication, collaboration, and empathy while considering the long-term well-being of the family. By seeking legal counsel that focuses on understanding the real issues and promoting amicable resolutions, families can navigate challenging times with greater ease and find solutions that benefit everyone involved.

At Clark Panagakos Family Law we promote less invasive, less costly processes and only revert to litigation as a last resort or where absolutely necessary.

We are trained in Collaborative Practice and our Directors are both skilled and experienced Mediators. Our whole team work to assist families to find the best approach for their individual circumstances.