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The Fine Line between Attorney Aggressiveness and Belligerence

11/14/2015

7 Comments

 
Passive Aggressive Utah Attorney
Everyone wants an aggressive attorney; I’ve heard plenty of horror stories from clients and potential clients about ex-attorneys that didn’t say a word in court, lawyers that got pushed around by opposing counsel. Obviously attorneys like this might not give you the best representation, but there is another side of the spectrum as well – overly aggressive attorneys. Attorneys that tell a client anything they want to hear to get them to sign on the dotted line. Attorneys that take a belligerent stance on any issue, no matter the facts. Attorneys that “fight for you tooth and nail” and refuse to concede any point, ever. These types of attorney can often be more detrimental to your case (and your pocketbook) than the oft feared passive attorney.

Is it Possible for an Attorney to be too Aggressive?

Overly Aggressive Utah AttorneyNo You're Not
Overly aggressive attorneys are typically trying to serve themselves instead of their clients. The more belligerent they are, the more they refuse to settle issues outside of the courtroom, and the more money they’re going to cost you. MANY divorce issues are already pre-decided by statute or case law. Nevertheless I have seen attorneys fight those simple issues with such gusto that one would think it was an issue that had never been addressed before. They’ll file pleadings that need to be responded to, and schedule and attend hearings on the issue only to have the judge rule the way that statute or case law directs. Unfortunately, not only do these attorneys cost their clients unnecessary fees, they cost the opposing client extra fees as well since the opposition has no choice but to respond to the pleadings and attend the hearing.

Let's Work Together! (yeah yeah yeah?)

Utah Blind Bulldog AttorneyBlind Bulldog Attorney!
Cases go smoother when attorneys work together. Again, most divorce issues are already determined by statute or case law, and if both attorneys are knowledgeable about Utah law then those issues can be resolved without court involvement. This is why mediation can be so effective, a party that is stuck with a belligerent attorney can hear likely court rulings from an unbiased third party mediator, and this can go a long way in getting a case resolved.
I think most attorneys in Utah are pretty good about working through issues with opposing counsel. I’d say that nine out of ten attorneys fall in this category. Passiveness is probably the bigger issue in Utah. However, if your attorney is promising you the world and it sounds too good to be true it probably is. If your attorney says he’s going to put your spouse out on the street with only the clothes on his/her back and no parent-time, hire another attorney, such a one-sided ruling is simply not going to happen.

​There is a time and a place for aggressiveness, you don’t want a push-over but you also don’t want a blind bulldog. Your attorney at Pearson Law Firm is going to do what it takes to get your case resolved as quickly as possible. Very few cases end up in trial and there is a good chance we’ll be able to get it settled long before that point. However, if there are legitimate contested issues your attorney will aggressively fight for you. Call Pearson Law Firm today for a free consultation with an experienced Utah divorce attorney. 801-888-0991 ​​

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7 Comments
clarck link
5/24/2022 08:16:32 am

Very good sir, i love to read your blog
Keep it up

Reply
Kelly Henke link
8/21/2024 11:37:57 am

Hello,

Thanks for sharing useful information with us.. It really helpful to me..I always prefer to read the quality content and this thing I found in you post. thanks for sharing with us..

Reply
Jimmy Pak link
8/21/2024 11:38:25 am

This is very informative and intersting for those who are interested in blogging field.

Reply
Virgil Hand link
8/28/2024 02:54:02 pm

Navigating the fine line between attorney aggressiveness and belligerence requires balance. Effective advocacy involves assertiveness without crossing into hostility or disrespect.

Reply
Nicholas Davis link
9/30/2024 01:19:20 pm

Navigating the line between assertiveness and hostility is crucial for attorneys. While strong advocacy is essential, it’s vital to maintain professionalism and respect.

Reply
Teknik Elektro link
5/5/2025 12:51:20 am

How can mediation help resolve divorce cases, especially when one party has a difficult attorney?

Reply
Mainor Ellis Injury Lawyers link
5/21/2025 11:28:04 pm

Pearson Law Firm's article, "The Fine Line Between Attorney Aggressiveness and Belligerence," offers valuable insights into the importance of maintaining professionalism in legal advocacy. It emphasizes that while assertiveness is essential, crossing into belligerence can be detrimental to both the attorney's effectiveness and the client's interests.

Personal injury law is about finding justice for injury victims by holding the proper party accountable for their negligence or misconduct and the harm they have caused. Our goal at Mainor Ellis Injury Lawyers is to achieve great results for our clients by doing everything in our power to see they get the care and compensation they need to recover as fully as possible from their injuries. If you or a loved one has been hurt by someone else’s negligence or misconduct, contact our experienced Las Vegas personal injury lawyers today.

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    Jared B. Pearson is an experienced attorney that has been litigating in Utah for over 9 years. Jared specializes in family law, bankruptcy, and criminal defense.

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