Here’s why the most “aggressive” lawyer isn’t necessarily “good” . . . for the client.
Mark and Melinda:
They were divorcing, and Mark hired me. Melinda hired Mr. Aggressive.
Both attorneys billed hourly.
Everything was a fight with Mr. Aggressive. He would not compromise on anything. At one point, he refused to split the difference on a dispute over $1,600, even though the attorney’s fees for fighting it would exceed that amount in a little more than three hours of arguing.
Everything was a fight. He would not compromise on anything.
Eventually, we did agree on dividing the couple’s limited property. But we fought over maintenance (formerly known as “alimony”) for six months, including a four-hour mediation.
Settlement Offer: Rejected!
Mark ultimately offered to pay Melinda maintenance of $750 / month for four years (a total of $36,000). That way, she could finish her education and move to a higher-paying job.
Melinda and Mr. Aggressive said “no!” and asked for $1,200 / month. They insisted on litigating the matter for another five months and then taking the issue of maintenance to trial.
Mr. Aggressive also wanted to try the issue of whether Mark should pay Melinda’s attorney’s fees (since, he argued, she could not afford to pay for this endless litigation).
Mr. Aggressive . . . loses at trial:
After a trial, the judge ruled that Mark was not obligated to pay any maintenance to Melinda but that he had to pay Mr. Aggressive $12,500 for his time.
A less-aggressive attorney would have settled for the $36,000, or a little more or a little less, for his client and racked up fewer fees.
Are you sure you want to hire Mr. Aggressive?