Hi, my name is Andrew Feldstein and I am the principal lawyer at the Feldstein Family Law Group. Today I am going to talk to you about why you should not hire a lawyer who says they don’t go to court.
The end of a relationship can be a painful and complicated experience, often bringing up several issues that require effective resolution. While alternative dispute resolutions like negotiation, mediation, and arbitration are available and often encouraged, going to court remains one of the clearest and final ways of determining issues between parties.
Going to court is often seen as a last resort, and for good reason. Litigation may be more costly and time-consuming than alternative dispute resolutions, and outcomes may be uncertain. However, having the option to go to court to resolve contentious issues is an important tool in finding a satisfactory solution to the problems posed by separation and divorce.
For example, you may decide that you want to avoid going to court, so you begin settlement negotiations with your former partner. If you hire a lawyer who says they don’t go to court, and the lawyer for your former partner knows this, it may cause you to be disadvantaged in the negotiation process. Your former partner and their lawyer, if their lawyer goes to court, will always have the option of taking a dispute to trial. By knowing that you do not have the same option, they may be able to negotiate more favourable outcomes for them, and extract concessions from you that you may not have otherwise given. While your former partner may have some of the same disincentives to go to court as you, by simply having the option to do so they can greatly improve their negotiating position.
If after this you decide to go to court, you would likely have to hire another lawyer to represent you, or otherwise represent yourself. This is costly and time-consuming. The new lawyer will need time to familiarize themselves with your case, and the associated cost may decrease the resources you have available for litigation. If you decide to represent yourself, you will not have the benefit of having a lawyer familiar with the applicable laws, rules of procedure, and courtroom conduct. Not only can this take up more of your time, but it may be detrimental to your case to argue against a lawyer experienced in family law.
By hiring a lawyer from the start who is willing to go to court, you can save yourself the time and expense of having to hire another lawyer. More importantly, you may be able to avoid disadvantaging yourself in the negotiation process or in the courtroom.
For more information, please visit our website. If you would like advice on your own family law matter, you can schedule a consultation by calling (905) 581-7222. From Feldstein Family Law Group, thanks for watching.