How to Deal With an Aggressive Divorce Lawyer in Arizona
Posted on : July 3, 2017, By: Christopher Hildebrand
How to Deal With an Aggressive Divorce Lawyer in Arizona
The Effect an Aggressive Divorce Lawyer Has on a Divorce in Arizona
If you are going through a divorce and are dealing with an aggressive divorce lawyer, you will likely find yourself in a costly, contentious, and lengthy divorce. In the end, the only things an aggressive divorce lawyer accomplishes is creating a tremendous amount of distrust between the parties, a significant increase in anxiety and other negative psychological costs to the parties and their children, and a lot more attorney fees.
Understanding Why a Divorce Lawyer is Aggressive
Our attorneys have over 100 years of combined experience representing clients in divorce cases. As a result, we have experienced divorce lawyers with a broad range of experience, legal knowledge, and personality styles. Although not a universal rule, our experience has shown that an aggressive attorney typically is very inexperienced or unknowledgeable about Arizona divorce law.
You can think of it this way. If you had two categories with the vertical axis representing either an inexperienced or a very experienced and knowledgeable attorney and on the horizontal axis representing a reasonable attorney or a very aggressive attorney, you would likely find the aggressive attorneys are those who are the least experienced or knowledgeable.
Your experienced and knowledgeable divorce attorneys in Arizona do not need to be aggressive to prevail on their cases. Their experience and knowledge tell them what the likely outcome of every issue will be because he or she has litigated the same issues in many other cases. He or she knows the law that applies to that matter, knows how to build a case to prevail on the issues, and knows what a judge is likely to do regarding the issues after the experienced divorce attorney presents his or her case.
The aggressive “junk yard dog” attorney will focus more on his or her bravado than the facts of the case or the law the court must follow when ruling on the case. The aggressive attorney who is not knowledgeable about the law effectively relies upon his or her aggression to distract from his or her lack of knowledge of the law.
Jennifer, thank you for being my attorney. I could not have been more pleased with the outcome of my family court hearing. Everything you have done for me throughout this case reflects in the final ruling of the judge. You helped me keep my head together and taught me a lot about myself as a person. I learned so much about my life from observing and listening to you. I will take all the advice you gave me to continue taking responsibility for my choices, continue to put the kids' needs first, and always stay truthful. Your diligence, dedication, and persistence in my case made what seemed impossible, possible. You are a wonderful person and an amazing attorney and I am stronger and more confident because of you.
I just want to again thank the Firm for working with me all that it has. I could not have done anything without everyone's assistance. You, Chris and Stacey have been and continue to provide me with compassion and hard work towards my case. Also a very special thanks to Kip for taking my case in the beginning. Also continued support from him and his dedication to providing me with his expertise in this matter.
After interviewing several law firms, I came across Jennifer Shick, and her firm, who I hired to represent me for my Family Court case. Jennifer has extensive knowledge of the law and is determined to bring the truth to every issue involved within the case. Throughout my case, Jennifer was prepared meticulously as well as went above and beyond all of my expectations. Even when the other party tried to differ from the truth, lie to the Judge, and turn situations around, Jennifer remained attentive and provided substantial evidence to show the judge the facts as well as the proof to support what was the best interests of my children. Additionally, Jennifer helped me endure many difficult experiences, situations and inspired me to remain positive throughout the entirety of my case. Her kindness, compassion, and professionalism helped me through very difficult times and made the process feel a thousand times lighter on my shoulders. She truly has my children and my best interest at heart and I trust her perspective as well as her honesty on each and every aspect of my case. She lessened the burden on my shoulders and even when I felt like the case was not going to go in my favor, Jennifer was open-minded and reassured me that the Judge would, in fact, see the truth, which he did and the case went in my favor. After nine months of court, everything finally came together. I cannot declare how much Jennifer has been an outstanding attorney. She addressed each and every issue with diligence, she cares about her clients and their families. Jennifer genuinely cares about her clients and her dedication to the details of the case was remarkable. Overall, I am extremely pleased with Jennifer’s services and I am truly thankful that I was so blessed to have her represent my children and me. I highly recommend Jennifer as one of the best attorneys in Arizona and if the situation ever arises, I will definitely have her represent my children and me again.
Dear Stacey and Kip, How can I ever thank you enough for helping me through the most difficult time in my life? I couldn't put into words my heartfelt gratefulness. You both were so compassionate and professional at every given moment throughout this process with me. I thank you from the bottom of my heart. You helped me to regain my freedom.
I was a client of Attorney Kevin Park for the dissolution of a divorce in 2016. And since I had never had the need to hire an attorney before for any purpose, I was somewhat apprehensive of the process. But the very calm and professional demeanor of Mr. Park eased my fears. He adeptly answered all my questions and I clearly knew the process and what to expect. And the skilled manner he communicated with opposing counsel was perfect. When it came down to negotiating with my spouse’s counsel, I knew I had selected the best attorney for my situation. What I noticed and appreciated was that he was using just the right amount of pressure with opposing counsel as was necessary. If you find yourself in this situation, you will want a seasoned professional like Mr. Park on your side. I'm very grateful that he was my attorney and not the opposition!
Chris is a smart and aggressive attorney for his clients. Chris always tries to reach a fair settlement of his cases. I’ve represented clients when Chris was the opposing counsel and while he is professional and amicable to work with, he does not back off on what he needs to do for his client
Kevin Park of Hildebrand Law was just what I needed for my divorce. He was very approachable and personable. He was quick to recognize what I needed and provided it quickly and efficiently. I hope to never need a divorce lawyer again, but if I know anyone else who does, I will definitely recommend Kevin.
I feel that Tracey Van Wickler is certainly one of the best family lawyers around. She is logical, intelligent, and truly cares. Tracey always does what is in the clients best interest, does it well, timely and with integrity. She is good at keeping her clients informed as to what is going on and clear in her communication both written and verbally. I have recommended Tracey to other people and will continue to recommend her. I recommended Tracey to someone who was having issues with their ex-wife and his response was, “I know how good she is because I went up against her and she ate me for lunch”. This same person was so impressed with her, he even recommended her to someone else, WOW, that is impressive! I am exceptionally happy with her attention to detail, her ability to explain things in ways that are easy to understand, as well as her ability to keep everyone focused on the most important things. I would recommend Tracey to anyone who may be in need of her services.
How Do You Deal With an Aggressive Divorce Attorney in Arizona
Dealing with an aggressive divorce attorney in Arizona is easier than one might expect. We suggest you deal with an aggressive divorce lawyer in Arizona the same way you would with a child who is throwing a tantrum. Ignore them. Do what needs to be done. Create consequences.
Ignoring the Aggressive Divorce Attorney
You ignore the aggressive divorce attorney by minimizing the number of points of contact you have with him or her. You can do this best by putting everything in writing and not participate in lengthy telephone calls or in-person meetings. If you must have an in person meeting, try to schedule it at your attorney’s office where you can be separated from the aggressive attorney by staying in a room nearby.
Do What Needs to Be Done
You should build your case as quickly as possible. The one thing most aggressive lawyers fail at is preparing their case for trial. Use this to your advantage by accumulating all the information and documentation you need for your case. The aggressive attorney can attempt to prolong the case by not disclosing relevant documentation you need to prepare your case for trial.
Instead of going back and forth with such an aggressive divorce attorney, simply have your attorney send a single letter directing the aggressive attorney to turn over the documents by a specified date. If the documents are not turned over, issues subpoenas directly to his or her client’s employer, investment companies, banks, credit card companies, etc. to obtain the documents.
Your attorney should close that letter with a warning that you will seek an award of all your attorney fees and costs incurred in issuing those subpoenas. Most judges appreciate this approach because it does not involve the court in a dispute as to what documents were or were not turned over.
Document your disclosure of all relevant documents that have been provided to the aggressive attorney. Our Firm uses a Bates numbering system, and all exhibits are cross-referenced to each Bates number and the corresponding Disclosure Statement that has been provided to the aggressive attorney. Doing so allows you or your attorney to immediately cite the court to the Bates number, the Disclosure Statement, and the date the document was disclosed.
Avoid prolonged negotiations with an aggressive divorce attorney in Arizona. If you need Temporary Orders in place for temporary child custody, child support, alimony, and payment of community debts, send a written offer that, if not agreeable, will result in your filing a motion on a date certain requesting the court schedule a hearing to issue those orders. When that time comes, file the motion for the temporary orders hearing. It is important to submit it on the precise date you indicated you would be filing the motion.
Dealing With an Aggressive Divorce Lawyer in the State of Arizona.
If you submit a settlement offer, provide a date by which you will ask the court to schedule a divorce trial if the case is not settled by a date certain. Then do it.
Create Consequences for an Aggressive Divorce Lawyer in Arizona
The best way to throw an aggressive divorce attorney off of his or her game is to talk straight, create consequences (i.e., “if/then”) in your communications, and follow through on invoking the powers of the court to resolve the issues. Some people spend a significant amount more in attorney fees attempting to avoid going to court against an aggressive attorney than they would have if they had just set the case for trial.
We hope you will consider talking to an experienced Arizona divorce attorney at Hildebrand Law, PC if you are facing a divorce in Arizona. You can reach us at (480)947-4339.