Attorneys, who practice in a specific area of law such as family law, often have multiple cases with the same attorney as opposing counsel.  The size of the community where you live can play a role in how often family law attorneys are opposing counsel, but even in large metro areas like the Twin Cities, family law attorneys can and do have multiple cases with the same opposing counsel over time.

Why does this happen and what does it mean for you as a client?

First, even in a large metro area, family law attorneys often are members of the same professional organizations and spend time together through training seminars and at social events organized through professional organizations.  Family law attorneys spend time together on boards and in leadership roles.  In addition, attorneys with similar levels of experience practicing family law may have attended law school together.

Second, when you practice family law for 20 years as I have, you develop knowledge of how other attorneys practice.  Some family law attorneys are more likely to invest significant time and effort seeking private settlements.  Some family law attorneys are more cooperative in providing information relevant to the case and in addressing urgent issues that arise in cases.  Some family law attorneys are more litigious and although they follow the rules and court orders, obtaining cooperation beyond this is difficult, time consuming and expensive.  Some family law attorneys steer clear of litigation; some use litigation only when really needed, some use litigation as frequently as possible to resolve a case.

Clients sometimes believe that if you are not fighting with the other attorney, then you are not being a true advocate for their interests.  Based upon my experience, the opposite is often true.  As in any profession, trust, candor and focus on the "real issues" as opposed to personalities and unnecessary personal attacks creates an environment that is far more likely to result in a settlement and save clients both time and money.

Practicing family law in particular is tough stuff.  Clients are understandably stressed and anxious about what will happen to the most important things in their lives because of a divorce-their children, their homes, their investments/retirement assets and more broadly, their financial security and peace of mind.  Effective family law attorneys are able to understand and respect a client's emotions but keep the case focused on legally relevant issues.

Knowing the other attorney, how he/she practices and having a track record with opposing counsel is often an advantage.  If I have had a positive experience with opposing counsel previously in resolving a case, having that attorney on a current case is likely to result in a similar experience.  If I have had a difficult or more negative experience with opposing counsel previously, it is information that I can share with a potential client to prepare them for how the case may proceed and the additional costs that may be incurred seeking a resolution.

Even if opposing family attorneys have a cooperative relationship, it does not mean a lack of advocacy for clients' interests.  Experienced and skilled family law attorneys do not take strong advocacy for clients personally.  We understand and respect that it may not be possible to resolve a good faith dispute about parenting time, spousal maintenance, property division or child support without court intervention of some sort.

Similarly, approaching a case with guidelines for cooperation between the attorneys and between the parties as in Cooperative Law, addressing contested topics in four-way settlement meetings (attorneys and clients) or with use of trained financial and social neutrals (Early Neutral Evaluations) are all effective methods for resolving a case without the need for a judge's final decision.  Advocacy is not lost by using these methods; rather attorney time and attention is focused on solutions that best meet client goals.

Any successful negotiation involves some "give and take" and it is not realistic for clients to have expectations that they will get everything they seek in a divorce either through a settlement or by a judge's decision.  The vast majority of family law cases settle before a trial.  I share the opinion of many other experienced family law attorneys that litigation (evidentiary hearings, motion hearing and trials) should remain among the options a client has to resolve a case, but only after good faith attempts to avoid litigation have been tried.

When you see family law attorneys on television in high profile cases taking personal shots at one another and opposing clients, it may seem that this is how a "real advocate" acts for their clients.  While these attorneys may be highly skilled, strong and effective advocacy for clients does not require a public display of dislike for or a contentious relationship with opposing counsel. Having a cooperative and respectful relationship with opposing counsel is often a key to creative resolutions that notch down the stress and save clients' money.

Minneapolis divorce lawyer Geri Napuck delievers personalized representation to the Twin Cities. She practices exclusively in the area of family law and has extensive experience representing clients in divorces, child custody issues, parenting issues, property division, spousal maintenance, post-divorce matters, paternity and most recently has added pet mediations to her list of mediation services.

Contact Geri Napuck today to schedule a free 30 minute phone consultation. She is ready to listen and often meets with potential clients or clients outside of her office.