Virginia Divorce Law: Types of Divorce Lawyers

If you are interested in hiring an attorney to represent you in your divorce case or you are going up against an another lawyer without help, it is important to know what kinds of divorce lawyers there are. The different types of divorce lawyers may have an impact on how you should handle your case.

Attorneys are people and we all come with our own personalities and trial strategies. So what are the most common types of divorce lawyers and what should you be aware of when looking for your own, and does any one type of lawyer win out?

Divorce Lawyer One: The Bull Dog/Pit Bull

This is the most common view that people have of divorce lawyers. These lawyers spend most of their time posturing and engage in aggressive litigation tactics. Commonly, a bull dog/pit bull lawyer will be confrontational in their strategy. They are also more willing to directly adopt their client’s position whenever filing something with the Court.

The major benefit of a bull dog/pit bull lawyer is that your voice will be directly conveyed to the judge. However, this strategy can come with some downsides. Being overly aggressive without reason can lead to an award of legal fees at the end of the case against the person who hired the bull dog/pit bull lawyer. It can also drive up your legal bill.

Confrontational without purpose is a bad thing from the Court’s perspective. The Court ultimately wants reasonable settlement discussion without all cases going to trial.

Divorce Lawyer Two: The Negotiator

A negotiator type of lawyer is focused on gaining every strategic advantage they can through settlement negotiation and smart use of court procedures. This type of lawyer focuses on sending well drafted settlement proposals which are designed to get the parties talking.

The major benefit of a negotiator type of lawyer is that their main focus is getting you the best possible result. The negotiator sets their sights on the most likely outcome and tries to get a resolution as close to that as possible.

The downside of a negotiator type of lawyer is that they may not engage in the aggressive and confrontational strategies of a bull dog/pit bull lawyer. They may also try to avoid active litigation if they don’t feel it advances the case.

Divoce Lawyer Three: The Litigator

The last major type of divorce lawyer is the litigator. They often drive up the cost of a divorce case by taking most issues directly to the Court without substantial settlement discussions. The purpose of driving up the cost may force the other side to the negotiation table to resolve the case or may catch them in a legal problem that adversely impacts their case.

The major benefit of a litigation focused divorce lawyer is that they often are well versed in legal procedure and spend a substantial amount of time in the Court room. The major downside is that their services often cost a substantial amount of money and the case may take longer to resolve.

What Type of Divorce Lawyer is Best For You?

Every lawyer has different strategies on how they view divorce cases. Some lawyers may take strategies from any one of the above styles to create their own style. At the end of the day, the best lawyer for you is the one that you feel the most comfortable with based upon your own style. It is a bad idea to hire a lawyer that has a different style than your own. The main reason to hire a lawyer is to trust in their presentation of your case and professional judgment.

Having a mismatch of personalities can result in delayed results and bad case outcomes. If you are looking for a divorce lawyer, make sure you ask questions of your lawyer as to what kind of lawyer they are and what strategies are available in your specific case. That way you can make an informed decision before you hire them.

Virginia Criminal Defense Law: New Drug Overdose Law

Have you or a loved one been charged with a drug related offense after a 9-11 call for an overdose? The Virginia Legislature recently passed a new law that has been getting attention from the court system that may offer some protections. So what is this new law and what does it mean for drug related cases?

What is the New Virginia Drug Overdose Law?

The new law was approved on April 9, 2020. It provides that “No individual shall be subject to arrest or prosecution for the unlawful purchase, possession, or consumption of alcohol, possession of a controlled substance, possession of marijuana, intoxication in public, or possession of controlled paraphernalia” so long as certain criteria are met.

The criteria in order to be eligible under the new overdose law are:

1. Someone is experiencing an overdose;

2. Someone seeks emergency medical treatment;

3. The individuals remain at the scene;

4. The individuals identify themselves to law enforcement;

5. The only way the police knew of the incident was a result of the request for emergency medical treatment.

What Are Some of the Issues With The New Overdose Law?

Judges around Virginia are being asked to interpret this new law as a result of some vague phrasing by the Virginia legislature. Judges have ruled that in order to be eligible for protection under this new law, it must be a life-threatening and immediate need for medical attention. If the person suffering from a drug related overdose is not in an immediate, life-threatening condition, then they may not be eligible for protection under this new law.

Why Do You Need to Immediately Talk to a Criminal Defense Lawyer?

Drug related offenses can carry substantial punishments such as extended periods of incarceration in either jail or the state penitentiary. Many of the crimes you can be charged with are felonies, which can have long lasting consequences. If you have been charged with a drug related offense as a result of an overdose, you need to contact a criminal defense lawyer in your local area to discuss your rights in more detail, and whether you qualify for protection under the new law.