When Lawyers Like Each Other (Part 2)

Hello readers! It has been awhile (!) since I posted on my blog, for which I apologize.

Back in 2008, I wrote a post called "When Lawyers Like Each Other" where I talked about the importance of working with lawyers "who like each other" in a family law negotiation. My point was that clients are smarter to work with lawyers who know and regard each other highly in order for negotiations to proceed efficiently. I wanted to reiterate that point, and I wanted to add a point to that.

Here's what I've learned through my years of practice: The "dream" file for a family lawyer and a client is where the lawyers like and respect each other and the clients like and respect each other as well (but happen to be separating). In these files, the negotiation can proceed very quickly and efficiently. These are the kinds of files where the lawyers might even spend less than five billable hours of time in order to complete a case. For me, there is a high level of satisfaction working on these types of files.

The "second best" file scenario is where the lawyers like and respect each other, but the clients don't, OR vice versa (the clients like and respect each other but the lawyers don't). These will be challenging files, but they are manageable. These files may still take a fair amount of time to complete. I would go so far as to say that it is more important for clients to like each other than lawyers to like each other in this context because the clients are the ones calling the shots. Whenever I am having a problem with another lawyer on a file, I always "employ" my own client to speak to his or her spouse to see if they can make some headway in the negotiations. Sometimes clients can surprise the lawyers by working out the problem in the negotiation on their own while the lawyers are bickering!

The worst file scenario is -- you guessed it -- the lawyers don't like or respect each other and the clients don't like or respect each other. These are incredibly difficult files. In these files, you will find clients who may expect their lawyers to take on their anger, and for lawyers to wholeheartedly accept that request. For me, these are the least satisfying files to work on. These are the files that end up in court.

So, what I tell my clients is this: Either the lawyers have to like each other or the clients have to like each other (or both). But a file where the lawyers do not like each other and where the clients don't like each other is doomed. There is mistrust all around.

My advice for clients who want an efficient and practical negotiation is -- when you are retaining a lawyer, ask your lawyer who they enjoy and respect working with, and see if you can get your spouse to coordinate their lawyer with yours.