Mountain Flowers

Mountain Flowers

Wednesday, March 14, 2018

Winning Doesn't Matter??

The real question is, would you want to hire an attorney to lose your case?

Most people love to say that "family law" means there are no winners. Well, maybe the people saying that,  don't win any cases, or feel that families all lose everything, or something different. Because there is no pat set of facts that create winning, it's obvious that if someone needs child support and gets the order, it's a win because they got what they requested?  If they got nothing, they certainly can't say they won in our opinion.
Image result for photos winning in court

Look at this, which we saw online:   ..."clients will want to find in an attorney, someone who is competent, communicative and diligent versus seeking out a win loss record..a win loss record is rarely a good measure in divorce and family law...."
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For some attorneys, maybe claiming a win loss record may not be a good measure of anything, but after many years of doing these cases, attorney herein believes that if a client desires an outcome, and attorney gets that outcome, that is a win for the client.  

If the attorney just wants to settle a case, that is an outcome, possibly it could be acceptable to both sides if each had to give up something, then it's a compromise.  Whether a compromise is a loss or win is usually up to the circumstances-- if a client had to really lose a lot in order to get the compromise, but overall in the long run it would be helpful down the road, that might be sort of a win over the long haul.


But telling people that a win loss record is not a good measure of a family law attorney is not necessarily correct, since any family law attorney that consistently loses cases is likely not doing something correctly.  Family law is much more difficult than it appears, and the emotional aspects alone make most attorneys run, run, run--away!!  The high emotional toll on the parties and even the attorneys means that certain attorneys could never, and would never, never, ever want to be in family law.  It is a fact that it was due to family law related cases, where the emotions tend to run higher than even in criminal cases-- that California started using weapon scanning to enter courthouses.  we know of several family law attorneys that were shot by the losing spouses in family law cases?    


If clients want to win their case, it should at least be for the right reasons. Calling the right reasons is half the battle, yet some attorneys simply churn out the work to get paid, which is their reason, not necessarily the client's ....that's a huge difference.  So attorney herein has no problems in stating that attorney is hired to win whatever the client wants, as long as attorney believes that under the law, that outcome is suitable.