What does it mean when an attorney is called litigious? I want to talk to you a little bit about some the practices of attorneys in the Family Law arena. How they represent their clients and what does it mean when a lawyer has the reputation for being litigious.
A litigious lawyer is a lawyer who may have the goal of taking every case to a hearing or to trial. This is an attorney who will file lots of motions, ask the court to hold a lot of hearings or status conferences. They will encourage their client to follow along as they do all kinds of things that in many situations can be considered disruptive.
An example of that is an attorney who files a lot of motions, conducts a lot of hearings, may take depositions or sworn testimony of witnesses. May ask for lots of financial documents that they otherwise may not be entitled to. What does this mean for you as a client? Well, this usually translates into one of the parties paying the lawyer who’s litigious, a lot of money because of the nature of the conflict.
And the party who is on the other side, having to hire a lawyer to fight and object to all of the motions and the hearings that this other lawyer is involved in. Family Law is really not the proper arena to have a lot of infighting or litigious action. Because it always in my opinion, adversely effects the client and if there are children involved, the children are going to be witness to the tension, anxiety, and stress from an attorney who is overly litigious.