Lawyers often believe that their clients want a litigator who is aggressive, and many describe themselves as such on their professional profiles. But is taking an aggressive approach actually more effective in terms of getting results?
What is an Aggressive Litigator?
‘Aggressive’ could simply refer to a litigator with an aggressive personality – this could present as them being inclined to raise their voice and not back down from any confrontation. Alternatively, the term ‘aggressive’ can refer to the type of tactics they’re inclined to deploy.
Many clients believe they would do well hiring a litigator who will take an aggressive approach to a lawsuit. Take a look at the embedded PDF for more information about the aggressive litigatory approaches.
Assertiveness or Aggressiveness?
Despite what clients may believe, a tendency to take an overly aggressive approach is not necessarily the most effective one to take. For example, very aggressive litigators may be less likely to assist the relevant parties to cooperate with a view to reaching a settlement – which could result in their clients racking up significant legal bills.
In contrast, assertiveness denotes the ability to be heard and clearly state one’s opinions, without being unprofessional or disrespectful. As well as being able to say ‘no’ when the situation calls for this, assertive litigators can communicate confidently, knowing when to press an issue and when it’s preferable to step back and evaluate the legal position. Good judgement is an inherent element of an assertive litigator’s character traits.
In Control
Experts in alternative dispute resolution methods, such as Edgar Paltzer, know that having an assertive demeanour suggests that the litigator is in control, working to advance their client’s interests in an effective manner. At the same time, they’re able to maintain relationships with other lawyers. Taking a strategic approach to the client’s case and making timely proposals are key ways that assertive (rather than aggressive) litigators can be effective in bringing about a good result for their client.
Distinguishing Assertiveness from Aggressiveness
Identifying a clear line between assertiveness and aggressiveness can be difficult. Assertiveness is, generally, about finding a happy medium between passivity and aggression. An assertive approach involves finding a way to deal constructively with difficult people and navigate challenging situations with professionalism and ease. While an aggressive litigatory strategy may sometimes result in a good outcome, assertiveness is almost always the best approach for litigators, especially in the arena of family law.