“This is because the legal system is set up so that a lawyer who practices family and divorce law must informally practice far more than just law: the nature of the controversies involved, and the emotional states of the parties, require that a lawyer be also a therapist, a teacher, a diary, a parent, and a friend – all while applying the law and keeping an appropriate, professional distance. It is a complicated and emotionally draining balancing act that no computer could ever replicate,” Kleyman said.
First, this area of law relies more heavily on the discretion of judges than other areas of law, due to the nature of the issues presented to the court. For example, any decisions involving children, such as custody or parenting time, require an analysis of the situation, the child, and the parties to determine what is in “the best interests of the child” – an incredibly subjective standard that incorporates all the factors you would expect, and more.
Second, there are too many emotions involved. The parties to a divorce can be angry, depressed, mistrustful, vengeful, or worse. Even when extreme emotions are not involved, parties seeking divorce have just made the extremely difficult and painful decision to end a relationship that was likely emotionally damaging to both of them. Some people in emotional distress are less likely to tell the truth; others are more likely to spill every detail of their lives. Some people in such states are more likely to try to manipulate situations; others are so defeated they willingly submit to unfavorable agreements.
“Divorce lawyers must be able to read people well enough to sense the truth behind what is being said, and to get to the heart of what the party truly wants and needs. This involves far more than asking the right questions in the right order and is also not something a computer can solve by analyzing data,” according to the New York divorce attorney Kleyman, who engages in practice of high conflict divorce.
However, Kleyman agreed that practicing divorce law is emotionally and intellectually taxing and that assistance in any form can help attorneys to remain healthy, and to streamline the practice of law so that focus can be directed where it is most needed. “Though a computer may not be able to understand a person’s emotional state or weigh the complicated inner workings of unique families against the function and application of the law, a computer can: speed up the preparation and submission of documents; perform legal research; analyze financial documents; perform calculations to determine the value of assets; and many other important functions,” said Kleyman.
Val Kleyman is the founder of The Kleyman Law Firm, a matrimonial law firm in New York and is rated as one of the top divorce lawyers in New York City. Mr. Kleyman and his firm work with many complex, contested, and high conflict divorces. The Kleyman Law Firm is located at 45 Broadway, 15th Floor, New York, NY. For more info go to www.NYC-DivorceLawyer.com, email: email@example.com or call 212-401-1977