Abstract
Throughout the book, I have spoken of divorce as a period of transition for the family. When there are children, you and your former spouse still have legal, economic, and emotional ties to each other. In the book Divorcing Families Connie Ahrons states that you uncouple, you don’t “unfamily.” Many separated couples work hard to create a decent relationship with the other parent. Yet we are all aware of how stresses can intensify and conflicts can escalate when you begin to deal with legal matters. Once a personal matter becomes “legalized,” the description of the issues is often translated—literally—into a foreign language. The divorce process is lost in the thicket of “pleadings,” “interrogatories,” and “depositions.” When decisions need to be funneled through the bureaucracies of attorneys’ offices, the completeness and accuracy of the communications from client to lawyer and lawyer to lawyer and spouse to spouse may become the first casualties.
It is not what a lawyer tells me I may do; but what humanity, reason, and justice tell me I ought to do.
Edmund Burke
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Notes
I wish to thank Robert Benjamin, Herb Trubo, and Josh Kadish for their help with this chapter. They all bring the special perspective of being both family law attorneys and mediators.
Kenenth Kressel, The Process of Divorce (New York: Basic Books, 1985). Undue competitiveness was the chief complaint about opposing counsel.
Ibid.
Kressel (1985) cites a study by G. R. Williams, Legal Negotiation and Settlement (St. Paul: West, 1983), which indicates that 58 percent of the “cooperation”-oriented attorneys were rated effective as compared to 25 percent of the “competition”-oriented attorneys.
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© 1992 Lois Gold
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Gold, L. (1992). Lawyers and the Legal Process. In: Between Love and Hate. Springer, Boston, MA. https://doi.org/10.1007/978-1-4899-6582-0_16
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DOI: https://doi.org/10.1007/978-1-4899-6582-0_16
Publisher Name: Springer, Boston, MA
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