Your Spouse Hired an Overaggressive or Unethical Divorce Attorney

Does Your Spouse Have an Overaggressive Divorce Attorney?

Navigating a divorce is emotionally challenging, but when your spouse hires a divorce attorney known for unethical or aggressive tactics, it adds significant stress. You might wonder how to respond and what type of divorce lawyer you should hire.

We understand the dilemma you face right now. And we can help.

Understanding Your Options: The Importance of Choosing Wisely

The best divorce attorneys understand California family law and have actual litigation and trial experience.

That is how they are able to take on and successfully handle an overaggressive or unethical opposing counsel.

In an ideal world, all divorce attorneys strive for reasonable resolutions that ensure a divorce settlement consistent with the facts and the law. Unfortunately, not all attorneys operate with such principles.

Types of Divorce Attorneys to Navigate

1. Reasonable and Experienced Attorneys

Divorce cases involving reasonable attorneys on both sides usually go smoothly. These attorneys focus on practical solutions and meaningful negotiation rather than escalating disputes.

They collaborate effectively to find common ground and streamline the divorce process, minimizing fees, costs, and emotional strain for both parties.

The best divorce attorneys do this by focusing on the facts and the law and communicating effectively with their clients.

2. Unreasonable and Overaggressive Fee-Churning Attorneys

Unfortunately, some divorce attorneys prioritize their financial gain over their clients' best interests. Here are common tactics employed by such overaggressive attorneys:

• Frivolous Requests for Order: They file unnecessary requests for order to prolong proceedings and increase billable hours.
• Excessive Discovery Requests: Overloading you with extensive and often irrelevant requests for information, documents, or depositions, thereby inflating legal fees.
• Aggressive Negotiation: Adopting unreasonable positions during negotiations to prolong discussions unnecessarily, which can lead to increased costs and delays.
• Refusal to Communicate in Good Faith: They refuse to have an actual dialogue. Instead, they are short and rude, both verbally and in writing.

Our firm employs strategic approaches to curb and punish such behaviors when facing attorneys engaging in overaggressive and fee-churning tactics. We seek Family Code 271 sanctions against your spouse.

In extreme cases, we pursue sanctions against these attorneys personally (not just their clients) to deter future misconduct.

3. Emotional Attorneys

Divorce cases can evoke strong emotions, but attorneys who allow personal feelings to influence their judgment can hinder rather than facilitate resolution.

These types of emotional attorneys are usually high-conflict and adversarial people in their personal and professional lives. Unfortunately, they also have a license to practice law. Emotional attorneys may:

• Lose Objectivity: Identifying too closely with their client's emotional turmoil, potentially leading to biased advice and decisions.
• Inflame Conflicts: Intensifying disputes rather than seeking constructive solutions, thereby prolonging the divorce and increasing fees and costs.

Our approach emphasizes maintaining rationality and professionalism, ensuring that our clients receive objective guidance and strategic representation, regardless of the emotional dynamics involved.

Do not misunderstand. We do not tolerate opposing counsel's emotional tirades. If they have lost objectivity, we focus on not getting caught up in it (which many lawyers fail to do).

4. Dishonest Attorneys

Integrity is fundamental in legal practice, yet some divorce attorneys resort to dishonest tactics that compromise their professional ethics. Such behaviors may include:

• Misrepresentation: Distorting facts or legal principles (what the law states) to gain an unfair advantage for their clients.
• Lack of Transparency: Withholding information or documents from you or misrepresenting what information or documents they possess.

Our firm prioritizes clear and documented communication in response to dishonest tactics, ensuring all interactions are transparent and aligned with ethical standards.

If a dishonest divorce attorney engages in such tactics, we call it out in writing and, when appropriate, seek court intervention. Such dishonest conduct often breaches their client's fiduciary duties to you, and we educate you on your legal options against your spouse.

How We Can Help

At our family law firm, we have extensive knowledge and experience dealing with overaggressive, emotional, and/or dishonest opposing counsels.

Our team will provide steadfast support and strategic advocacy. Contact us for an affordable initial strategy session, where we can discuss your case in detail and devise a tailored strategy that fits your needs.