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FRIENDSHIP BETWEEN LAWYERS IN DIVORCE CASES |
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In my divorce case I receive copies of letters between my lawyer and opposing counsel. They address each other by first names. Should I be concerned because they are friends? |
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Are lawyers from McHenry County such close friends as will interfere with my McHenry County lawyer representing me aggressively? |
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Will the fact that my lawyer and opposing counsel know each other hurt my case? |
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How will my lawyer knowing opposing counsel impact on my case? |
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| Q: |
In my divorce case I receive copies of letters between my lawyer and opposing counsel. They address each other by first names. Should I be concerned because they are friends? |
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No. The fact that lawyers address each other by first names does not indicate they are buddies. American society is egalitarian, that is, we consider ourselves equal to others and therefore we tend to be a first name society. It is rare that you are introduced to someone as Mr. or Ms. Some lawyers will use last names in corresponding with other lawyers, but many lawyers will use first names. Use of the first name does not indicate anything other than that the lawyers know each other. |
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| Q: |
Are lawyers from McHenry County such close friends as will interfere with my McHenry County lawyer representing me aggressively? |
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No. McHenry County is, like it or not, part of the Chicago metropolitan community. We are one of the counties known as a “collar” county to Cook County, that is, a county adjoining/contiguous to Cook County. We are, have been and probably will continue to be, the smallest of the collar counties. When I started practicing law in McHenry County in 1959, to my recollection the McHenry County Bar Association had about 40 members. I have hanging on the wall in my office a 1968 photo of the membership of the McHenry County Bar Association. It has 57 lawyers. The McHenry County Bar Association currently has 293 members.
There is a relatively small cadre of divorce lawyers in any community, including McHenry County. The McHenry County Bar Association has a Family Law Section with 68 members. These lawyers will be in divorce court several times a week and will see each other and, because they have cases opposed to each other, will know each other. Of course they will usually deal with each other on a first name basis. Anything else would be stilted and unrealistic. The same holds true for Cook County, which has one of the largest, or the largest, divorce court. In Cook County there is still a cadre of divorce lawyers who deal with each other on a regular basis. |
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| Q: |
Will the fact that my lawyer and opposing counsel know each other hurt my case? |
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No, it should not.
My most frequent opponent in divorce cases was the late Harold McKenney, Esq., of Crystal Lake. McKenney and I would frequently, in the course of a trial, be dangerously close to (and sometimes threatening) physical combat. We never did. In fact, at the end of most trials Harold McKenney and I would have dinner together. I considered Harold one of my best friends.
How did my relationship with Harold McKenney affect relationships with our clients? I believed it helped clients because we could, because of our relationship, settle so many cases so the cases did not have to go to trial, but when we tried cases, we tried them vigorously.
You should only judge the relationship between lawyers on the basis of what they do in contested litigation. |
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| Q: |
How will my lawyer knowing opposing counsel impact on my case? |
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A positive relationship between lawyers should benefit you. It should benefit you because it should make the negotiations easier. If, however, you are uncomfortable with the relationship between your lawyer and opposing counsel, you should ask your lawyer about the relationship. If the answer is not to your liking, you should discharge your lawyer. |
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