'Don't Row the Boat': Survival Tips for Divorce Attorneys
"When you get into a boat with a client, you lack the clear separation required to give an impartial, factual view of their situation from a legal perspective," writes family law attorney Holly R. Davis.
February 29, 2024 at 10:00 AM
8 minute read
Family law is among the most emotionally-charged legal practice areas. When handling a divorce, an attorney is obligated to learn deeply personal information about their clients: every detail of the couple's finances, as well as intimate details about why the marriage fell apart, how they're handling the breakup, how their children are faring. It's information that people often don't share even with their closest friends, but something an attorney is required to get up close and personal with.
Clients' heartaches, fights, anxiety and pain become central to the daily work of a family law attorney, and without solid coping skills and healthy boundaries, it's easy to absorb that pain yourself. But much as a doctor takes precautions to avoid catching their patients' illnesses, an attorney must take precautions to avoid catching their clients' stressors.
|'Don't Row the Boat'
Other attorneys have asked me, "How can you even do divorces?" because they know the emotional temperature can be scorching. But I've devised a set of strategies to protect myself and others in my firm from taking the work home with them, and suffering from burnout. The advice I give my staff is, "Don't row the boat."
This philosophy is almost the opposite of the phrase, "We're in the same boat." While you may, in fact, feel a great deal of compassion for your client and fully understand the legal contours of their struggle, it's crucial to remember you're not a buddy, you're not a therapist, and you're not in the same boat.
The attorney's best role is to teach clients how to appropriately manage the conflict themselves, rather than trying to step in and manage it for them. To continue the metaphor, it's better to remain standing on the dock, where you have a wider field of vision. From that vantage point, you can safely and warmly point clients in the direction they need to row, rather than getting in and grabbing an oar yourself.
When you get into a boat with a client, you lack the clear separation required to give an impartial, factual view of their situation from a legal perspective. You are getting into the boat with a client and rowing alongside them when you adopt their problems as your own: worrying about their children, their finances, their fights, their family, so much that it may keep you up at night. If you step out of the lawyer role and into a role more like that of a friend or confidante, it can feel almost as if the divorce is happening to you, and then you too will be rowing down the river of their problems.
Guiding the action at a safe, healthy distance from the personal conflict between warring spouses doesn't mean being cold or distant. In fact, the most compassionate and professional application of your role and your legal knowledge is to give clients the real analysis that helps them in the long run, rather than giving them the comforting statements and solace they may want to hear. By giving the soundest legal advice, you are being compassionate, and you are helping clients learn to row for themselves.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllThe Narcissist’s Dilemma: Balancing Power and Inadequacy in Family Law
8 minute readDoes Videotaping a Supervised CPS Visitation Violate Privacy Rights?
10 minute readTrending Stories
- 1Freshfields Name Change Becomes Official
- 2Lawyers on TikTok Seek the Right Mix of Substance and Levity
- 3Chair of Montgomery McCracken Decamps for Morgan Lewis
- 4You Too Can Be a Programmer: Connecting to Legal Platform APIs With Generative AI (Part 2)
- 5Court of Appeals and Appellate Division As Courts of First Instance
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250