Divorce Lawyers' Role May be Changing
Legal Insight 2010/09/01 21:31
Pro se representation in divorce cases is popular. Probably half of everyone getting divorced today will choose to represent themselves. Money may seem like the obvious reason, because attorneys are expensive. Then again, cost is not as important if our help is indispensible, or even greatly needed. So what value can attorneys offer the twenty-first century pro se crowd?
It may help to examine the several factors which explain the current trend toward self-representation. As I said, money is obviously is motivating factor, but then there’s the Internet, instant communication between friends and colleagues, the sinking repute of lawyers, and the lower birth rate. I submit that all these factors – and there are others no doubt – combine to explain why pro se representation is increasingly popular.
A recent empirical study by Judith G McMullen and Debra Oswald corroborates my suggestions. Their study concludes that people prefer self-representation for a variety of reasons, both financial and physiological. Not surprisingly, those with the most to lose are most likely to seek counsel. The study also suggests that, in general, people are adept at knowing when they need counsel. As for the value of counsel, the study was largely inconclusive.
The wisdom of self-representation is debatable – at least in some cases – as is the definition of a “successful” divorce. More certain is that self-representation in divorce cases will remain popular, if only because some people will never be able to pay even modest fees for legal counsel. From a business perspective, then, the pro se trend is not necessarily lost opportunity.
On the other hand, I wonder whether, among all cases of self-representation, serious business opportunities exist. Certainly some people choosing self-representation could afford counsel. To the extend such people view attorneys as just another (expensive) poker in the fire, those attorneys with adaptable styles of representation may be able to win additional business.
There is some suggestion that traditional legal services actually lengthen divorce contests, and that attorneys may, at best, contribute nothing of value to non-adversarial methods of dispute resolution. To be known as an attorney who reduces conflict while preserving what is most important to most people – getting through the divorce quickly while minimizing collateral damage – may be the go-to divorce attorney of the new century.
http://www.marathonlegalblog.com/trackback/13
It may help to examine the several factors which explain the current trend toward self-representation. As I said, money is obviously is motivating factor, but then there’s the Internet, instant communication between friends and colleagues, the sinking repute of lawyers, and the lower birth rate. I submit that all these factors – and there are others no doubt – combine to explain why pro se representation is increasingly popular.
A recent empirical study by Judith G McMullen and Debra Oswald corroborates my suggestions. Their study concludes that people prefer self-representation for a variety of reasons, both financial and physiological. Not surprisingly, those with the most to lose are most likely to seek counsel. The study also suggests that, in general, people are adept at knowing when they need counsel. As for the value of counsel, the study was largely inconclusive.
The wisdom of self-representation is debatable – at least in some cases – as is the definition of a “successful” divorce. More certain is that self-representation in divorce cases will remain popular, if only because some people will never be able to pay even modest fees for legal counsel. From a business perspective, then, the pro se trend is not necessarily lost opportunity.
On the other hand, I wonder whether, among all cases of self-representation, serious business opportunities exist. Certainly some people choosing self-representation could afford counsel. To the extend such people view attorneys as just another (expensive) poker in the fire, those attorneys with adaptable styles of representation may be able to win additional business.
There is some suggestion that traditional legal services actually lengthen divorce contests, and that attorneys may, at best, contribute nothing of value to non-adversarial methods of dispute resolution. To be known as an attorney who reduces conflict while preserving what is most important to most people – getting through the divorce quickly while minimizing collateral damage – may be the go-to divorce attorney of the new century.
http://www.marathonlegalblog.com/trackback/13
