THE IMAGE PROBLEM: WHAT PEOPLE THINK OF DIVORCE LAWYERS -- OR ARE TOLD TO

An article in the October 1995 issue of Washingtonian Magazine, which purports to cover the subject of Virginia divorce practice, along with DC and Maryland practice, entitled "The Truth About Divorce Lawyers," contains such a staggering number of fallacies that most lawyers would probably welcome a chance to subject the author to some polite, logical cross-examination. It certainly helps to show where the public gets their ideas. This article, by one Kim Isaac Eisler, states that "divorce lawyers, as a class have earned a dismal reputation." It quotes a "former university law dean, now in private practice," as explaining that "divorce lawyers often come from the bottom rungs of their law school class," and are often the products of "night school or part-time law teaching programs." Others, this expert admits, "might have been at the top of their class, but have come to the point in their professional lives where divorce law is their last option."

Ms. Eisler goes on to assure the public that "there is virtually no adequate preparation in most law schools for would-be divorce lawyers,...." One of her most singular pronouncements is that "unlike other practice areas, the field provides precious little opportunity to study under a master." Why is this? It is because divorce law practice has no great big law firms, and that is the only place where a "young lawyer can work as an associate for several years while learning the ropes." Apparently these poor kids can't get CLE instruction either (mandatory or otherwise), because Ms. Eiser tells us that "in divorce work, a new practitioner learns one way--by trial and error." In case you missed the point, she adds "which is not always good for the lawyer's early clients."

We have all probably heard of lawyers who churn the cases to make more fees, but this author has a unique view of that problem. She explains that in any case in which large fees have been incurred without correspondingly great accomplishments on behalf of the client, there can be only one reason and that is that the lawyer who earned the fees is churning the case. Think you've been spending too much time on defensive practice? Get ready to spend some more.