Mr. Borof's Philosophy

In most divorce cases, the parties are in the throes of conflicting emotions. They would like their case to be non-confrontational and inexpensive. But at the same time, they want to get what they are legally entitled to. While those ideals are often in conflict, they can be achieved and it is the legal philosophy of Irwin Borof to come as close as possible to achieving these goals.

A primary factor to achieve this is to make family law litigation as accommodating as possible. That means negotiating as many points as possible.

Life does not end with a Judgment of Dissolution and it is a fact that mediated or attorney negotiated divorces that are settled amicably are far less stressful and costly. More importantly, it has been proven that the less stressful and antagonistic a divorce is, the less the harmful strain on the children.

The problem arises when one party is unreasonable. Mr. Borof makes it a point to educate his client's on the legal ramifications of their case and strongly encourages them to be fair. There is nothing to be gained by settling a case on terms that are unfair or unreasonable. A man or woman going through a divorce is entitled to have an attorney who will minimize the stress and turmoil of the legal proceedings. That means fully and accurately evaluating the merits and weaknesses of your case, while at the same time, sticking up for your rights. In a word, you want to be fair and reasonable, strive to settle the case, but at the same time, don't give away the farm.

The Carrot and the Stick

To achieve these goals, Irwin Borof has adopted what he calls his "carrot and stick approach". That is, he tries to be fair and reasonable under the applicable law. Divorces involve people under a high degree of emotional stress. Mr. Borof's approach is predicated on the concept that his own clients, be they man or woman, have been fully educated on the strengths and weakness of their position. They understand their situation and the probability of success or failure.

As part of this, he will discuss a client's goals in the divorce.
Where do they want to be in one year,… three years,…. five years?

Together, Mr. Borof and the client will formulate a plan based upon their legal rights and goals. As the case proceeds, Mr. Borof will work to establish facts consist with these goals and present his client's position to the other side to resolve the matter reasonably and amicably.

In effect, he offers the carrot. If the other side does not take the carrot and are unreasonable in their position, he takes them to court and hits them with a stick.

This strategy has been successful for over 35 years as evidenced by Mr. Borof's long history of success at both settling cases and trying them. This high rate of success at both settlement and trial is based on the fact that by keeping his clients fully informed on their legal rights, together, they can formulate reasonable and appropriate positions that are in their best interests.

By taking an aggressive but reasonable stance, most cases are settled in terms that are favorable. When that cannot be achieved and the facts warrant it, the matter will be resolved by the court. In most cases, the matters settle before trial, though often that may mean taking the case to the brink of trial to get the desired result.

 

 

Disclaimer: The information provided on this web site is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. Your access to and use of this website is subject to additional terms and conditions. © 2007 Irwin Borof. All rights reserved. If you have any questions or want more information as to whether Mr. Borof can help you, please feel free to contact us with your inquiry.

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