LOS ANGELES, CA--(Marketwire - Jun 21, 2011) - So-called 'pit bull' attorneys or hardcore litigators do more damage than good in a divorce/family law case compared to an attorney who problem-solves, says Los Angeles Family Law Attorney Mark Baer. "There is a common misconception that the more aggressive the litigator, the better-protected the client, which is totally inaccurate," says Mr. Baer. "Creative problem-solving is actually the cornerstone of good lawyering."
At a recent Collaborative Law conference that Attorney Baer attended, a psychologist commented that while collaborative divorce and other forms of consensual dispute resolution seemed like terrific options to a litigated divorce, she still chose to send her divorcing patients to hardcore litigators to ensure that they were safeguarded. She felt the only way a person going through divorce could be adequately protected was through representation by a "pit bull" attorney.
While litigation is necessary on occasion says Baer, he notes that it makes much more sense to use solution-oriented attorneys in the process of divorce because their main goal is to help their client through the process with the least amount of financial and emotional damage.
"A solution-oriented approach is best in handling divorce/family law matters, whether the case is litigated, mediated or handled as a collaborative divorce," says Baer. "As a Family Law Attorney who acts as both a litigator and a collaborative divorce attorney, he notes, "Creative problem solving, which is the cornerstone of good lawyering, is not taught in law school and not required in litigation/court. However, some litigators have training in mediation, as well, and those are the people who you want representing you in a divorce or other family law matter. Plus, some attorneys become 'pit bulls' to compensate for a lack of skills necessary to be truly competent in their profession.
"To assume, as this psychologist did, that collaborative divorce attorneys may be 'less skilled' is harmful to the reputation of these legal experts and it's also detrimental to the divorcing parties because they will not get their needs met for emotional closure through litigation. Harsh litigation tactics can also result in the inability to co-parent children, it can cause irreparable emotional damage to family members, and ultimately, it damages society as a whole by having 'walking wounded' in our society," says Baer.
"The ultimate goal in family law should be the preservation of families by assisting in the transformation from one type of relationship to another in a manner that minimizes the emotional damage and financial resources spent.
"To quote the late, great comedian Rodney Dangerfield, 'collaborative attorneys don't get no respect' for the creative problem solving skills they bring to the table in divorce/family law matters. As a Family Law Attorney, I must help my clients to choose what's right for them, whether it be litigation or some form of consensual dispute resolution. If they want a skilled litigator, I can certainly take on that role. Nevertheless, my feeling is that in matters of the heart, and particularly where children are involved, a solution-oriented approach is far superior to contracted litigation."
Mark B. Baer has practiced law in Los Angeles for nearly twenty years with an office in Pasadena, CA. His firm represents individuals on issues regarding family law, divorce, child custody, child support, spousal support, restraining orders, paternity actions, or domestic partnerships. For more information, please visit: www.markbaeresq.com
Website: http://www.markbaeresq.com
Mediation: http://www.markbaeresq.com/Family-Law/Mediation.aspx
Collaborative Divorce: http://www.markbaeresq.com/Family-Law/Collaborative-Divorce.aspx
Televised Interview on Collaborative Divorce: http://www.youtube.com/watch?v=C2jkxr8upL4
Contact Information:
For more information, please contact:
Mark B. Baer, Esq
(626) 389-8929
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