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The Progressive Lawyer: Pretrial and Trial Strategies for Family Law Cases
One of the greatest opportunities for immediate improvement in the practice of matrimonial law lies in the cultivation of the binocular mindset. Binocularity involves the balancing of the settlement mindset with the trial mindset. This balancing occurs even in situations in which the practicing attorney has no intention of ever going to trial. Such situations present themselves, for example, where the attorney is practicing in the context of a collaborative law engagement, or where financial constraints, coupled with client direction, do not allow for the possibility of trial.
Speaking as someone who has both tried dozens of cases and participated in the collaborative resolution of many divorces, I can state without reservation that an absence of balance in this area can only be detrimental to the way we practice matrimonial law. Although a cooperative, settlement-oriented mindset is essential ' if not preferred' a competitive, trial-oriented mindset cannot be neglected. Fortunately, we can and should entertain both of these mindsets simultaneously to optimize the way we function in the service of our clients.
Practice Point One: The 'Settlement Mindset'
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