26/09/2026
The Reluctant Litigator
I never planned on becoming a litigator.
In fact, I would describe myself as “the reluctant litigator”.
I have several areas of practice, with Immigration Law being one of my main areas. Litigation was never something I set out to build my practice around.
But then the calls started coming.
Mothers. Fathers. Wives. Husbands. Parents worried about their children. People facing situations they never imagined they would find themselves in.
They came with problems that were complicated, deeply personal, and sometimes urgent.
And somehow, I found myself saying:
“Yes, I can help.”
What I did not realize at the time was that, with every “yes,” I was slowly building my litigation footprint.
A teacher once told me something that stayed with me:
“You build credibility by preparing well—so that when you stand before a judge, the judge can listen to you and trust that your written and oral advocacy is grounded in the law and the facts”.
That lesson has become part of how I practise.
Over time, I started noticing little things.
Draft orders being signed with little or no amendment.
Pleadings receiving less scrutiny because the necessary legal framework was already there.
Questions from the Bench that I was prepared to answer.
Those moments were never about thinking, “I’ve made it.”
They reminded me that preparation matters.
I make sure I have solid legal grounds. I identify the applicable onus. I address the legal tests. I anticipate the other side’s arguments. I read the cases. I know the facts.
And perhaps most importantly:
I never assume I am the smartest person in the room.
Actually, I prepare as though I am the dumbest person in the room.
Not because I think I am incapable—but because I assume there is something I don't know yet.
So I ask questions.
I seek guidance from mentors.
I work with research resources and staff.
I listen to professionals and service providers who support my clients and their children.
I collaborate when collaboration is what the case requires.
Because family litigation is no small task.
You are not simply arguing over legal principles on a piece of paper.
You are often dealing with children, homes, relationships, finances, immigration status, safety, and people's futures.
And when someone entrusts that to you, you cannot prepare casually.
I also don't like to lose.
There. I said it. 😂
But I think the reason is less about winning for the sake of winning and more about empathy.
When a client tells me what is at stake, I imagine what it would feel like if that were my life.
So I prepare like my own life depended on it.
Maybe that is why I became a litigator almost by accident.
I didn't chase litigation.
Litigation found me.
And even now, after all the hearings, conferences, motions, trials, pleadings, affidavits, negotiations, draft orders, case law, and late nights, Istill consider myself a reluctant litigator.
Perhaps because I still believe litigation should not be the first instinct.
But when litigation becomes necessary?
I will show up. I will prepare. And I will do the work.
Because sometimes being an advocate means stepping into a fight you never intended to fight—not because you enjoy the fight, but because someone needs you to stand there with them.
Honour. Privilege. Duty. Responsibility.
— Jenny Macabenta*
Founder & Principal Lawyer
Advocare Law
*A reluctant litigator, a Filipina lawyer, and a family advocate who never intended to build a litigation practice—but found herself increasingly drawn to the courtroom when families needed someone to stand with them.
