Why you should not retain an attorney
It is okay to use an attorney, but you should never retain one for a divorce unless you have no other choice. Here’s why.
It is okay to use an attorney, but you should never retain one for a divorce unless you have no other choice. Here’s why:
When you retain an attorney, you are literally giving away your power and authority. The attorney takes professional responsibility for acting in your behalf — to represent you. You have handed over a high degree of control.
Rules of professional conduct require an attorney who represents you — even one with a good attitude — to act in ways that will complicate your case and make it worse instead of better. Attorneys must “aggressively pursue” your interests, even when it is not in your best interest for them to do so. They tend to get into court quickly — for your protection, of course — even when that is likely to cause upset and make settlement more difficult.
An attorney who represents you is driven by self interest to protect himself against later malpractice claims by his own client — you. This means doing things for his benefit at time instead of yours. Doing a “professional” job may or may not help you, but it will certainly raise the level of conflict and cost you plenty.
Never forget that when you retain an attorney, the more trouble you have, the more money the attorney makes. That’s hardly an incentive to keep things simple.
Now consider attitude. A lawyer is a combatant in an adversarial system, and that is not what you want for solving family and personal problems. Law schools do not require courses in counseling or negotiating. They teach aggressive and defensive strategy and how to get the advantage in every case. Lawyers are taught to look for problems, not solutions.
It would be nice if you could get help from an experienced attorney with a good attitude who does not want to be retained, but few attorneys will help you unless you retain them. This is a serious problem for millions of people each year, so we decided to do something about it. Read more about how to get help for doing your own divorce.
For more information, contact Divorce Helpline at 800-359-7004
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