As NJ divorce attorneys, we are trained to be advocates in the process known as “adversarial. Many of us self-selected into the legal profession partly because our underlying personality and temperament traits are geared toward advocacy. Similarly, lawyers “the good ones” are typically quite inquisitive. Their questioning techniques, however, often take on the tone of cross-examination.
We can all stand to improve the way we practice the non-adversarial, settlement-oriented part of our profession by paying attention to the way we employ the principles of advocacy and inquiry.
Advocacy is stating ones views. Examples of advocacy include: sharing how youre feeling; describing what youre thinking; stating a judgment; pushing for a particular course of action, decision or outcome; and making demands.
Inquiry is asking a genuine question. By asking real questions, information is truly sought. Rhetorical or leading questions are a kind of advocacy in disguise. Weve all observed journalists and other questioners with not-so-hidden agendas pose inquiries such as, “Isnt it true that your administrations domestic fiscal policy has done a...