The Wall Street Journal Law Blog recently published excerpts from Supreme Court nominee Elena Kagan's remarks to West Point cadets in 2007. During her speech, she noted the need for attorneys to use common sense and to look beyond statutes and case law."Don’t think that law is everything. Even when the lawyers clear something, it may not be the right thing to do. It may be unethical, even if it’s not illegal. Or it may be just plain dumb. I was amazed, when I worked in government, how often the legal question, once recognized, became the only question. That shouldn’t happen. It makes for bad policy. And frankly, it makes for bad law too, because when lawyers begin to think that they are effectively making the critical decisions, and not just advising on one aspect of them, they tend to stop thinking as lawyers - which, if the rule of law is to be maintained, someone has to do."
Keep this in mind when you are choosing an attorney to guide you. For example, if you are deciding whether to buy out your spouse's interest the in the home, you need to also consider financial and practical issues, rather than just focusing on whether the judge would order it. You should consider hiring someone who will help you explore options from all angles.