Some Family Law attorneys present themselves as being aggressive — or “sharks.” They imply that they will go after the opposing party and “take them for all they’re worth.” However, this kind of grandstanding, belligerent behavior on the part of an attorney is actually harmful to the client. Unnecessary aggression only serves to make more problems and animosity between the parties. For the client, that means additional litigation and higher legal fees -- as well as further strain on the relationship with the person with whom they have to parent their children. This is bad for the client - and thier children. Family Law litigation is not a test of which attorney can be the biggest bully. It is a test of the attorneys' knowledge and skills.

At Family & Juvenile Law Omaha, Christensen & Madara-Campbell, we are more like owls than sharks. We take a thoughtful, well reasoned approach to your case. We pick our battles during the litigation process based upon the potential economic gains or losses for you. We approach the case with the wisdom of the law - not puffery.

At Family and Juvenile Law Omaha, Christensen & Madara-Campbell, our philosophy of representation takes the higher ground in the best interests of our clients and their children. In our experience, well thought out strategy and reasonableness is a better approach than unnecessary aggression. We have seen time and again that attorneys who appear overly aggressive do not magically yield a better result for their client. In fact, the result is often worse than it would have been had the attorney been reasonable and offered wise council to their client based on the current state of the law and the facts of the individual case. We believe that aggressiveness has its place in litigation; but it is better used in those circumstances where the other party refuses to cooperate  in the process or in reaching fair settlement of the issues, than in impressing a client with theatrics with no substance.

Much of what will ultimately determine the outcome of the case is governed by statute; in other words, there are laws that specify many of the things for which each party will be responsible and to which each party is entitled. Chances are your parenting plan will be worked out during mediation pursuant to the Nebraska Parenting Act. Many of the remaining items are defined by what is termed “case law,” the multitude of actual decisions made by judges regarding more specific issues that serve as legal precedent. The truth of the matter is that no amount of purely aggressive behavior by an attorney will result in getting you anything more than you are entitled to under the law.

The economic issues — like child support, spousal supprt, and your fair share of marital assets — are either negotiated or litigated, and having an attorney who will pursue your interests zealously is, of course, necessary. An attorney, however, who specializes bullying and arguing at every phase of the litigation is only performing for the sake of their client -- or their own ego -- and not necessarily accomplishing anything positive for you. Remember, the court almost never concerns itself with the emotional matters that underlie your divorce action. Attorneys who present themselves as being flag-bearers for your emotional issues are often just manipulating the often tender sensibilities of a person going through a tough time.

If you would like to know more about our approach to these difficult matters, please give us a call. Lucia Vaughan, our paralegal, will be happy to schedule your initial consultation with one of our lawyers who will provide you with much more information, both about our unique approach to divorce and family matters, as well as your basic rights under the law.