Family court can be a challenging and emotionally charged arena. Individuals entering this legal system often find themselves facing complex procedures and high stakes decisions that can significantly impact their lives and their families. It’s a common scenario: a person facing family court proceedings may believe they know best or feel tempted to disregard the guidance of their legal counsel. This approach, however, can lead to unforeseen and detrimental consequences.
There is a segment of family law clients who, despite hiring experienced attorneys, operate under the misconception that they are best positioned to dictate the course of their legal journey. These individuals frequently equate hiring an attorney with employing a “fighter” whose role is to secure their every demand. When their attorney provides realistic advice that doesn’t align with their desires, they may misinterpret it as a lack of dedication or willingness to “fight” for them.
A significant portion of family law practice is dedicated to guiding clients away from actions that could worsen their legal standing. The very traits that often lead individuals to require family law assistance – such as personality disorders or substance abuse issues – can also manifest as an inflated belief in their own understanding of family court dynamics, surpassing that of seasoned legal professionals. These clients may proceed with their own agendas, dismissing warnings about the potential fallout from their imprudent actions. While an attorney can clearly outline the likely repercussions, if a client remains unconvinced, they may continue recklessly until the attorney seeks to withdraw from representation or the opposing party petitions the court to intervene. At this juncture, even belatedly adhering to legal counsel might not fully mitigate the negative outcomes of prior missteps.
It is not uncommon for clients to assert, to opposing counsel, parties involved, or even the judge, that they are entitled to act as they please, free from external direction. However, family court judges possess considerable authority to correct such misconceptions. A key objective for attorneys representing such headstrong clients is to preempt the imposition of judicial remedies that can be quite severe. This often involves direct and frank communication, urging clients to reconsider their approach and to understand the gravity of the situation. The aim is to prevent clients from experiencing firsthand the extensive powers and potential sanctions a family court judge can employ.
The notion that a client can unilaterally reject attorney advice without facing repercussions is a dangerous path that can lead to severe and avoidable negative outcomes in family court. When an attorney strongly advises a client to reconsider their course of action, it is fundamentally an effort to shield that client from discovering the harsh realities and potential penalties within the family court system.
