As an Arizona State Bar Certified Specialist in family law matters in Arizona, I have been asked from
time to time whether having an attorney of the same (or opposite) gender is strategically important. The short answer is: “no!” Read on for the longer answer.
I have heard various rumors or “street wisdom” that you should always select an attorney of your same gender. However, I have also heard the rumors or “street wisdom” that you should always select an attorney of the opposite gender. I have never found either of these to make any real difference. Rather, you should select an attorney based upon their capabilities, skill, and the supporting staff from their law firm to help them handle your case when things get complicated.
Hiring a male attorney will not make you look “more aggressive.” Hiring a female attorney will not make you appear more sympathetic. Hiring a less skilled attorney will, however, negatively impact your case.
Rather than focusing on selecting an attorney by gender, you should look for an attorney that is willing to work hard to negotiate your case and advocate for you. There are really only two ways to resolve your case: 1) reach an agreement, or 2) proceed to trial. Going to trial will nearly always cost more and take longer, and result in both parties feeling like then got less than what they wanted. Accordingly, you should look for an attorney that will spend the time negotiating and working towards a proper resolution to your case and trying to avoid the necessity of trial if reasonably possible.
The judge will not give you “points” for selecting an attorney of a specific gender. If your case cannot reasonably be settled, you need an attorney ready, willing, and able to take your case to trial. Rather than focusing on a specific gender, you should look for an attorney with the trial skills and years of experience in trial advocacy.
At the end of the day, you should find an attorney that you have confidence in, that can explain the law to you, that is willing to outline pros and cons of various decisions, and that will ultimately remember that this is your case and that the lawyer work for you. You will want an attorney willing to discuss the issues bluntly without sugar coating, and willing to manage your expectations for settlement or trial, while still being willing to push a bit more to get you a good result.
While our firm has male and female attorneys willing to assist you with your case, more importantly, our attorneys have the skill set to best assist you through what will likely be the most difficult time in your life. Rather than hiring an attorney based upon gender, take the opportunity to hire an attorney from this firm that will assist you through the difficult process whether resolving case through settlement or ultimately proceeding to trial.
If you have determined that you need experienced legal representation, please call 480 733-6800 and ask to speak with Douglas C. Gardner, or visit our website at:
https://www.davismiles.com/practice-areas/family-law/