Ethics in Family Law Practice

Ethics in family law are the professional principles that guide how lawyers represent their clients. Family lawyers have ethical obligations to their clients, the court, and the legal practice. Ethics ensures that an attorney acts in their client’s best interests while respecting the rule of law.

Talk to your family law lawyer if you have questions about how they will handle ethical dilemmas in your case.

What Are the Ethical Obligations of Family Law Attorneys?

Attorneys have ethical duties to their clients. Attorneys have a duty of advocacy and counseling to their clients. Attorneys also have ethical obligations to the court, the legal profession, and the law. These ethical obligations continue in all areas of family law representation, including:

• Divorce
• Child custody
• Child support
• Alimony and spousal support
• Adoption

Conflicts create ethical issues for attorneys. For example, an attorney is representing one spouse in a divorce. The attorney later discovers that the other spouse is dating the attorney’s sibling. This could create a conflict of interest between the interests of the client and the attorney’s family interests.

If an attorney cannot act in their client’s best interests, they should not represent them. It is generally up to the attorney to recognize their ethical obligations and take action if they have a conflict of interest. This may include declining a client’s case or withdrawing from representation.

What Are the Rules of Professional Conduct?

The American Bar Association established the Model Rules of Professional Conduct (MRPC) on lawyers’ ethical and professional responsibilities. Most jurisdictions have based their ethical court rules on the MRPC. Attorneys must show they understand their ethical duties when practicing law.

Lawyers have ethical obligations to their clients and the court. Some of these conduct rules include:

• Duty of confidentiality (Rule 1.6)
• Restrictions on conflicts of interest (Rules 1.7 to 1.11)
• Duty to give candid legal advice (Rule 2.1)
• Duty to provide competent legal representation (Rule 1:1)

What Are the Conflicts of Interest in Family Law Cases?

A conflict of interest is any influence that takes away from representing the best interests of the client. This could include a conflict between the interests of the client and:

• The interests of another client
• The interests of the attorney
• The interests of family members
• Business interests

Law offices generally take conflicts of interest very seriously. There is conflict screening when taking on a new client. During a conflict check, your attorney may ask about all the parties involved. This includes where you work, where the children go to school, and other relevant information.

For example, if you are in a child custody dispute with your ex, you may find out the attorney represented your ex in a contract dispute in a prior case. Or the attorney’s spouse used to work for the opposing party. Even if this is not directly related to the custody case, it creates a conflict of interest.

What Are the Ethical Obligations of Family Law Attorneys When Representing Children?

In some family law matters, an attorney represents the child. This includes cases of neglect, child abuse, custody, guardianship, and terminating parental rights. The court may also appoint a Guardian ad Litem to represent the best interests of the child.

When a lawyer represents a child, they advocate for the child’s best interests. A lawyer has the same duties of loyalty, confidentiality, and competent representation as if the child was an adult. Depending on the child’s age and maturity, the attorney should also consider the child’s preferences.

The attorney may also have a duty to counsel the child on the legal system, their role, and what to expect. This communication should be developmentally appropriate based on the child’s age and education.

Do Family Lawyers Have a Duty of Confidentiality?

The duty of confidentiality is essential in family law cases. You should feel comfortable talking candidly with your attorney. You may be less likely to speak openly if you think they might tell other people what you said. The attorney-client privilege protects the confidential information discussed between you and your attorney. If you have any questions about confidentiality, talk to your lawyer.

What Are the Consequences of Ethical Violations by a Family Lawyer?

If an attorney has violated the state bar’s ethical rules, they can and should be held accountable. A client could file a legal malpractice case against the attorney for compensation. Legal malpractice means that the lawyer breached their duty to their client by deviating from the standards of legal practice. The state bar association can also discipline an attorney for ethical violations.

When Should You Talk to a Family Law Attorney?

Family law issues can be very sensitive. You want a lawyer who understands your concerns and takes your privacy seriously. An attorney can act as a strong advocate for you in court. Your attorney will also keep your information confidential. Contact an experienced family lawyer who will act in your best interests.