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Warning: Divorce Lawyers Should NEVER Do These 3 Things

By | - April 24, 2018

Steve Benmor is a recognized divorce lawyer, family mediator, arbitrator, speaker, writer and educator. Mr. Benmor has worked as lead counsel in many divorce trials, held many leadership positions in the legal community and has been regularly interviewed on television, radio and in newspapers as an expert in Family Law.

Whether we like it or not, divorce lawyers are the ‘go to’ professionals for spouses deciding to separate. In fact, most people still believe that they are required to go to court in order to obtain a divorce. Although this is partly true [only a judge can sign a divorce order in Canada], the vast majority of separating spouses resolve their affairs outside of court. Nonetheless, divorce lawyers are needed in order to advise spouses on their rights, obligations and preferred method to resolve their affairs. Most divorce lawyers do an excellent job serving their clients. However, there remains a small few few who don’t.  

These are the 3 things divorce lawyers should never do:

#1 Never fan the flames.
Divorce lawyers are neutral, balanced and trusted legal advisors. Clients rely upon us to validate good choices and to correct bad choices. Especially when it comes to matters of the heart such as family and divorce, clients especially require sound legal advice even if that means disagreeing with the client’s viewpoint. Indeed, it is exactly at such moments that the benefits of independent legal advice are most valuable. 

#2 Never let a client stand on principle.
Many marriages end because of personal, emotional or moral considerations. The role of the lawyer is to assist the client to transition from the end of their marriage to the beginning of the next chapter of their life, as speedily and as painlessly as possible. Standing on principle is a sure fire way to cause the experience to be more protracted, expensive and painful.

#3 Never befriend the client.
Although the lawyer will collect the client’s history of marriage and separation and become privy to all of the sensitive details within that family’s life, the lawyer must remain an impartial advisor. Although there are times for advocacy, what the client often needs is sound legal advice as to her options and remedies as opposed to having another person commiserate with them.   

Divorce Lawyers serve a critical purpose at a very sensitive time in a person’s life. What is needed is helpful, expert and objective advice to assist the client in navigating that stage in her life.  When choosing a divorce lawyer, be absolutely certain that the person you select has the experience, expertise and skill set needed to achieve an amicable, speedy and inexpensive divorce settlement.

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