When you think of a lawyer, you might picture someone in a crisp suit, passionately arguing in a courtroom, with the fate of their client hanging in the balance. This dramatic image, thanks to countless TV shows and movies, has led to a common belief: “Lawyers always want to go to trial.”
But here’s a secret that our friend Amanda at Flat Fee Divorce Solutions tells: for most legal cases, especially in areas like family law, a courtroom trial is often the last resort, not the first choice. The real work of a lawyer happens far away from the jury box, in the quiet, focused space of negotiation and settlement. It’s a side of the legal world that’s less glamorous but often far more effective and beneficial for their clients.
The Reality Behind The Courtroom Door
Think about what a trial actually is. It’s a public, adversarial process. You and the other party each present your case to a judge or jury, who then makes a final decision. The outcome is often unpredictable, costly, and emotionally draining for everyone involved. For a lawyer, a trial means countless hours of preparation, gathering evidence, preparing witnesses, and the high pressure of performing in a public forum.
This is why a skilled lawyer’s primary goal is not to get you into a courtroom, but to help you find a resolution that works without one. Their job is to be your guide and advocate through what can be a very complicated and emotional time. They are there to protect your interests, yes, but also to help you find a path forward that minimizes stress, cost, and conflict.
The Art Of Negotiation
So, what does a lawyer actually do if they aren’t in court? A huge part of their job is negotiation. This isn’t just about haggling over numbers; it’s a thoughtful, strategic process that involves communication, compromise, and looking for creative solutions.
A good lawyer will start by listening to you. They need to understand your goals, your priorities, and what a “good outcome” looks like for you. For example, in a divorce, a client might be less concerned about a specific dollar amount and more concerned with a parenting schedule that works for their children. The lawyer’s job is to take these personal needs and translate them into a strong legal position.
With this information, they can then engage with the other party’s lawyer. This is where the real back-and-forth begins. Your lawyer will present offers, respond to counter-offers, and explore different ways to solve problems. They are constantly evaluating the strengths and weaknesses of both sides’ positions and working to find common ground.
The best negotiations aren’t about “winning” every point. They are about reaching a fair agreement that both parties can live with. A skilled negotiator knows that a settlement is often more about finding a solution that meets everyone’s core needs than about getting every single thing you initially asked for.
The Advantages Of A Settlement
There are many reasons why lawyers often push for a settlement over a trial. For clients, the benefits are huge:
You Have Control: In a settlement, you and the other party decide the outcome. In a trial, a judge makes the final decision, and you have to live with it, whether you like it or not.
Less Conflict: A negotiation process, while still difficult, is far less combative than a trial. This is especially important for cases involving children, where a peaceful co-parenting relationship is a top priority.
Privacy: Court proceedings are public. A settlement agreement is a private matter between you and the other party.
Lower Costs And Shorter Timeline: Trials are expensive and can drag on for months or even years. Settlements are generally much faster and more affordable.
Tailored Solutions: A settlement allows for creative solutions that a judge might not be able to order. For example, you might agree to a specific division of a family heirloom or a unique visitation schedule that a court might not consider.
So, When Is Trial The Right Choice?
Of course, negotiation isn’t always successful. There are times when a trial is the only way to get a fair outcome. This usually happens when the other side is being unreasonable, refuses to negotiate in good faith, or when the facts of the case are so different that there is no room for compromise.
In these situations, a lawyer is fully prepared to take the case to trial. Their negotiation efforts are not a sign of weakness; they are a sign of strength and a commitment to their client’s best interest. They will have already done the hard work of building a strong case, and they are ready to present it to a judge.
The bottom line is that the job of a divorce lawyer is not just to go to trial—it’s to achieve the best possible result for their client, and more often than not, that result is reached through a thoughtful, strategic settlement. It’s a truth that may not make for good television, but it makes for a much better reality for the people who depend on them.