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June 2010 Archives

Emotions Play an Integral Role in Divorce Proceedings and Therefore Must be Understood by the Attorney

My last Blog entitled, "Empathetic Family Law Attorneys" explained the unfortunate reality that whilelawyers tend to "lack sensitivity to human, emotional and interpersonal concerns," in the field ofdivorce/family law , such attorneys cause a great deal of damage to families.

Empathetic Family Law Attorneys

My last blog entitled, "The Cause and Effect of the Historical Shift in the Role of Attorneys" explained that a lawyer's role in peacefully resolving disputes ended in the 1960's, when individuals began pursuing the practice of law seeking wealth and power rather than to address social issues and to help people. The personality characteristics of those entering the field of law changed in accordance with that shift.

Empathetic Family Law Attorneys

My last blog entitled, "The Cause and Effect of the Historical Shift in the Role of Attorneys" explained that a lawyer's role in peacefully resolving disputes ended in the 1960's, when individuals began pursuing the practice of law seeking wealth and power rather than to address social issues and to help people. The personality characteristics of those entering the field of law changed in accordance with that shift.

The Cause and Effect of the Historical Shift in the Role of Attorneys

Historically, a lawyer's role was peacefully resolving disputes, not creating them. A reversal of that role seems to have occurred as a result of a change in the type of individuals entering law school. According to a June, 1997 article from the American University Law Review entitled, "Lawyer, Knowing Thyself: A Review of Empirical Research on Attorney Attributes Bearing on Professionalism", since around the 1960's, "individuals who chose to enter law school have a low interest in emotions or others' feelings." In 1984, in response to this change, Warren Berger, then Chief Justice of the United States Supreme Court, while speaking about the American legal system to members of the American Bar Association, said, "Our system is too costly, too painful, too destructive, too inefficient for a truly civilized people. To rely on the adversary process as the principal means of resolving conflicting claims is a mistake that must be corrected." Chief Justice Berger also stated that "The obligation of our profession is, or has long been thought to be, to serve as healers of human conflicts." When he made those remarks, Chief Justice Berger was approximately 76 years old and had personally witnessed the change in the legal profession.

Does Anyone Tell the Truth Any Longer?

I was recently involved in a case in which I was retained to defend my client against an attempt to obtain a restraining order against him. The party seeking the order (the "Petitioner") alleged that she was fearful and afraid of my client, who was "bothering" her because he "seemed to feel that [she was] in his debt." In her moving papers, which she signed under "penalty of perjury ", she stated that my client had given her some money ($25,000.00) and a car as gifts and that she "was never particularly close with" my client.

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