Everybody wants their attorney to be aggressive. For most of us, that means you want an attorney that fights. But fights legally. Fighting in any other sense is just, downright stupid, and can cost you a lot of money, and result in losing a case. That means when we’re dealing with opposing counsel and/or your opposing party (ex-spouse or other parent of your child in most cases) we have to be professional. Not all lawyers know where to draw the line, and when they cross that line it’ll cost you time, money, and heartache.
Aggressive for us, means we won’t miss a beat, when it comes to the law. If your facts and circumstances call for a particular temporary order, or the opposing party is attempting to circumvent a ruling we’re going be on it right away.
Judges don’t like the other kind of ‘aggressive’ lawyer. The kind that they have to babysit, and make sure that they’re not dragging out a case, milking their clients, and giving attorneys a bad name in general. Not everyone in the court system gets along with everyone else, but pay attention to the relationship between the staff at the courthouse and your lawyer. If the lawyer seems well liked by the staff, and well known, chances are the lawyer has a good reputation for following the rules, following the law, and advocating for their clients.
The Court wants to clear cases, and the law requires them to rule in a certain fashion. This requires your attorney to walk a tightrope that advocates for your best interests, in accordance with the law, who wants to get your case resolved as fast as it can, without dragging things out. That’s our definition of an aggressive lawyer. Not someone who makes up excuses to pad their billable hour sheet, and feigns insult at every opportunity. That’s someone who’s going to cost you a lot of money.
The Attack Dog
There’s always been a problem with some attorneys mistaking unprofessional behavior for aggressiveness. So much so, that in 1989, the Arizona State Bar adopted a Creed of Professionalism that outlines the conduct expected of attorneys, with respect to their clients, opposing party and counsel, and the courts:
The Creed lays out what you should expect from your attorney, in section A:
- I will be loyal and committed to my client’s cause, but I will not permit that loyalty and commitment to interfere with my ability to provide my client with objective and independent advice;
- I will endeavor to achieve my client’s lawful objectives in business transactions and in litigation as expeditiously and economically as possible;
- In appropriate cases, I will counsel my client with respect to mediation, arbitration and other alternative methods of resolving disputes;
- I will advise my client against pursuing litigation (or any other course of action) that is without merit and I will not engage in tactics that are intended to delay the resolution of the matter or to harass or drain the financial resources of the opposing party;
- I will advise my client that civility and courtesy are not to be equated with weakness;
- While I must abide by my client’s decision concerning the objectives of the representation, I nevertheless will counsel my client that a willingness to initiate or engage in settlement discussions is consistent with effective and honorable representation.
This is the way a truly aggressive attorney will take care of you. If you want an aggressive attorney that can advocate for you, and be professional, call Enholm Law at (602) 889-6273.