18Everyone 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 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. 19
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?)

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.
20
​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.