Dealing with Unrepresented Parties
Many of my clients believe that they will be able to run all over their spouse and make things go faster in their divorce case if their spouse is not represented by an attorney. While my client certainly has the benefit of experience and legal knowledge on their side, the lack of an attorney on the other side does not necessarily mean that everything will go my client's way. For example, my experience has been that many unrepresented parties (also called pro se parties) are unwilling to negotiate in good faith. Often times, this is because they do not understand the law or the merits of the position they have taken in the litigation. Because I do not represent them, there is also a built-in mistrust and reluctance to accept any settlement offer I propose. Furthermore, I am ethically barred from providing legal advice to the other side. More than once I have been told by an unrepresented party that they are not interested in negotiating and prefer to simply have the Judge make a decision. This can be frustrating for my client, because it increases their attorney's fees, while their spouse does not "feel the pain" associated with ongoing litigation.
For these reasons, in most cases, I prefer to have the opposing party represented by an attorney. It is helpful for the other side to hear from their own advocate the reasonableness of my client's proposal. When a party has the benefit of having their own lawyer explain the law to them, the chances of reaching a settlement increase greatly. An unrepresented party will almost never believe me when I tell them that the proposal I am making on behalf of my client is fair. If, however, they hear it from their own lawyer, they are much more likely to believe it.
For these reasons, in most cases, I prefer to have the opposing party represented by an attorney. It is helpful for the other side to hear from their own advocate the reasonableness of my client's proposal. When a party has the benefit of having their own lawyer explain the law to them, the chances of reaching a settlement increase greatly. An unrepresented party will almost never believe me when I tell them that the proposal I am making on behalf of my client is fair. If, however, they hear it from their own lawyer, they are much more likely to believe it.
Comments