Plaintiff’s lawyer

The plaintiff retained my services to guide her through the steps of seeking a divorce. We now find ourselves at the final step, the trial at court. Despite my efforts and those of the other lawyer, and even with family mediation and negotiation, it was impossible for us to arrive at an agreement on all the consequences of the breakup. We have to ask the court to decide the points in dispute. The most important among these is the question of custody of the parties’ son.

My work began with the first meeting with my client, who explained the difficulties in her relationship and told me about her intention to divorce. I talked with her about the possibilities for reconciliation and then I told her about the consequences and objectives of divorce law, as well as the services that could help her find common ground with her husband. Often we forget that a divorce has serious consequences in people’s lives; this is why it is important not to take it lightly. I also talked with my client about the available tools, like negotiation and mediation, that might allow her to arrive at a settlement on the details of the divorce out of court.

When I prepare a divorce declaration, I take meticulous care in presenting the facts, motives and requests of my clients. One of my duties is to give a clear picture to my clients, meaning that I must inform them about the state of the law and give them my legal opinion on how realistic their expectations are. People are sometimes disappointed, but it is probably better to experience this in the lawyer’s office than to lose at trial!

The trial is the culmination of a long process of research, exchange of proceedings, discussions with my clients and the other lawyers, examinations, requesting expert reports, etc. When I enter the courtroom, I know my file like the back of my hand. My objective is to explain the facts to the judge as clearly as possible. This work requires concentration at all times. I take many notes to adapt my arguments to the evidence submitted.

Don’t believe that I can win a case by relying only on my abilities as a speaker! Maybe because they see it in movies and on television, many people believe that court argument is just a debating contest upon which the result of the trial depends completely. This is false: the judge must make a decision not based on the performance of the lawyers, but based on the facts presented before him and the law applicable to the case.

I believe that what makes family law cases unique is the highly emotional state of the parties. Anger, sorrow, anxiety and a sense of failure are reactions that we often see, and they are normal under the circumstances. Even though I am not insensitive to the emotions felt by my clients, I have to distance myself from them in order to advise and represent my clients. Believe me, it isn’t always easy – especially when the dispute concerns their children.

Very often, the conflict between the parties subsides over time and an agreement that at first seemed impossible becomes a realistic option. This is why most family law cases settle out of court. I try to make use of all the resources that encourage this, including a settlement conference facilitated by a judge. I am happy when my efforts result in a fair agreement, but if this is impossible, I work to represent my clients as well as I can within the limits of the mandate that they have granted me, using all of my knowledge and experience.

I think that this short summary explains my role as the plaintiff’s lawyer well. What I like the most about my work is that it is never dull and there is a lot of human contact. It is my duty to complete my task with integrity and professionalism without giving my clients false hope. I represent my clients with determination so that the result will be as satisifactory as possible for them.