Ask your divorce lawyer how many cases he or she is taking to trial in a year. A dozen? Two dozen? More than that? In an informal survey with the top divorce lawyers in Las Vegas, would it surprise you that the top divorce lawyers, on average, take less than four cases to trial each year? It is clearly not that they are not unwilling or incapable of taking a case to trial. The reason is because it simply does not make sense to take most divorce cases to a trial.
I have recently heard several young lawyers boast about how many trials they have and how “busy” they are getting ready for trial. Most likely, they have numerous trials because they are inexperienced or lack the skills to successfully negotiate a reasonable divorce settlement. These lawyers do not understand that taking a lot of cases to trial is nothing to be proud of as a lawyer. All lawyers should be more proud of resolving cases through negotiation or mediation, rather through the expensive trial process.
Taking a case to trial is a lose, lose proposition for litigants. With 20 Family Court Judges, decisions are becoming even more inconsistent and less predictable. In most cases, a competent attorney is going to choose to control the terms of a settlement, rather than take the chances of an arbitrary decision from the court. Settlements are not only less expensive, but when parties settle the case on their own, they are likely to be happier with the result, talk more favorably about their lawyer and have more confidence in the judicial system as a whole.
In sum, “real lawyers” settle cases and avoid trial at all costs. Other than a relocation case and the occasional alimony dispute, most divorce cases should not go to trial. Trials should be the last resort, not the ultimate objective.