What Result-Focused Representation Really Means
Result-focused representation is not a sales pitch. It's the right way to practice law
What does result-focused advocacy mean?
Result-focused advocacy is fundamental to effective legal representation in family law, particularly in high-conflict or contested cases. For a family law attorney, this approach involves more than just arguing a client's case in court; it requires a comprehensive and strategic evaluation of the case from the beginning, with a focus on achieving an outcome consistent with the facts and the law.
Evaluating a Case's Strengths and Weaknesses
From the outset, a result-focused attorney evaluates the case's strengths and weaknesses. This evaluation shapes the strategy employed throughout the proceedings. By identifying the areas where the case is strong, the attorney can emphasize these points to build a solid argument. Recognizing potential weaknesses allows the attorney to address them proactively, minimizing their impact on the overall outcome.
This assessment also considers the legal and factual context in which the case will be heard. California family law, for example, provides judges with significant discretion when making decisions. Understanding the level of discretion a court may have and what facts and laws are available to persuade the court that your position is correct is an important part of this analysis.
Assessing Risk and Cost
Result-focused advocacy is about more than pursuing a specific outcome; it involves achieving a result that is efficient and cost-effective for the client. This requires carefully assessing the risks and costs associated with different strategies.
For instance, in high-conflict or highly contested divorce cases, the result can be unpredictable due to the judge's discretionary power and, to be candid, the often dysfunctional nature of family law proceedings. An experienced attorney will weigh the likelihood of success against the potential financial and emotional costs for the client. This involves discussing the possible scenarios with the client and ensuring they are fully informed of the risks and rewards of pursuing certain strategies.
Determining the Proper Result
Once the strengths, weaknesses, risks, and costs have been evaluated, the attorney works with the client to determine the proper result. This is not about predicting the outcome but rather about preparing the case to align with the facts and the law.
In some cases, the proper result may be a fair division of assets and a reasonable spousal support arrangement. In others, it might involve securing primary or sole custody of children or ensuring that a business is protected. Whatever the desired outcome, the attorney's role is to align the legal strategy with these goals while remaining realistic about what can be achieved.
Preparing for the Right Result
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