What's Your Divorce Story? Strategic Planning in Divorce.

One of the skills a good divorce lawyer learns is how to craft a case strategy almost as soon as a client walks in the door.  There are a lot of moving pieces to this skill but it is the one thing you can't learn on the internet or from reading books in the law library.

In fact, it's the one thing many attorneys (and yes, even judges) never understand or take the time to develop.  To some, it comes naturally.  Others have to work harder for it.  Study, practice a skill over and over again until it comes right, watch You Tube videos until blue in the face.  But it isn't out of anyone's reach.   It just involves a mix of critical thinking, acting and storytelling that is unique to every lawyer.

Here is the anatomy of a divorce case:

First, client comes in and tells me his/her story.  Often, we file or respond to court papers with that story.  I do my best to stay objective. The facts the client gives me at that point are the only ones I have.  Facts change as the case goes on.

Next, the other side files a paper that tells their story.  My client gets all up in arms and is hurt/angry/sad or all of the above.  He or she tells me what they think of the other side's story, how it isn't true, they're making it up, etc., etc.  I tell them, "Fine, the next thing we do is start getting the facts.  That really helps me know what the other side's story really is."

So we do.

We ask questions.  Lots of them.  Questions in writing.  Questions in formal settings with court reporters.  Sometimes questions in hearings.  We collect a lot of paper, and I examine it.  And this is where the case strategy really starts to take shape.  It's not that I don't believe my clients.  I do.  It's not that I disbelieve the other side completely.  I don't. But a very wise man once told me I had to be careful not to take on the mantra of my clients.  The longer I practice law, the more I know he was right.

The facts give me the strategy.  The fill in the factual blanks in my client's story.  They help me explain to him or her how some of the things he or she wants to claim or do really don't make sense, based on the facts.  These are not always easy conversations.  But if they stick with me, we may formally change the story based on the facts.  We may alter the course of the litigation ship so we have a better chance of winning if we have to go to trial.

Doing this helps us either win or settle on the best terms possible.  And it's one reason my services stand out.