Attorney Ethics

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A divorce attorney is an influential legal representative who guides their clients and helps them to finalize the divorce. The clients completely rely on their capability and expertise. Since, divorce is an emotional matter, dealing with it requires a high level of responsibility and care. Attorney ethics should be maintained to take care of such issues and thus, avoid conflict of interest. This simply means that the attorneys owe a duty of loyalty towards their client throughout the divorce process. The attorneys are liable to follow the code of ethics as stated in US laws. Each state has its own rules of ethics which the attorneys have to follow in their professional dealings. Violating the rules may result in disciplinary actions or even canceling the license to practice law in the state. Witnesses reveal that divorce attorneys were punished more often than any other attorneys for ethics violations in US.

Divorce attorneys have the legal right to address many issues that may arise during a divorce process like property distribution, debt division, alimony, child custody and support, alimony settlement, annulment, mediation and so on. They can understand the intricacies of the case and are in a position to take actions and inform about all the legal rights that will act in the best interest of the parties in court. With the increasing number of divorce rates, there is absolutely no dearth of divorce attorneys in US.Each state has specific laws of divorce and the attorneys to help their clients in those cities. There are a number of law firms as well, that specializes in family laws and provides efficient service. Family law lawyers should have license issued by the state bar.

Attorney ethics - Obligation

• The American Academy of Matrimonial attorneys states that family law attorneys are not allowed to represent both spouses at a time under any circumstances. Each spouse should hire independent attorneys to fight their case. In a non-litigation setting such as family mediation; however, they are allowed to provide services
• The lawyer should maintain a professional relationship and avoid any sort of personal bindings or relationship with the client
• In cases of child custody, visitation and support, the attorney should be extra careful to assess the case. They should act in the best interest of the child and help the child in going through less mental trauma
• When a divorcing couple asks to fill up certain forms or other important documents, the attorney should provide proper information with prior discussion with the client. Any false information or concealed information on client's behalf will not be accepted
• The attorney should enter into a legal agreement with the client before starting the case. The agreement should clearly mention all details of terms and conditions including the fee's factor

Most of the cases in US have seen that divorce attorneys violate the code of ethics more than any other types of attorneys and were punished severely. It is extremely important for the attorneys to follow the rules as laid down by the American Bar Association. Some of the important ethical rules to be maintained are:

• Attorneys should gain the confidence of the client and keep all information confidential
• They should provide independent professional judgement on behalf of the client
• They cannot fight for a client's case, where any financial, business, property, or personal conflict of interest is present
• The attorney should reveal and declare all sorts of information on behalf of the client. If such information involves revealing a crime or any misconduct on the client's part, they should refrain their client from committing such behaviour. They should never support illegal or fraudulent action and must refuse any aid in that respect
• They should not accept any financial aid (like bribes or any other illegal means in cash or kind) other than the legal fees
• The attorney cannot take up two cases from different clients, which has conflict of interest. Exception can be made when all clients agree and the attorney gives full disclosure of legal consequences for the same
• Cannot neglect a case which has been undertaken on behalf of a client. If unable to handle the case, they may consult with another lawyer
• An attorney should never try to provide false evidence or assert false statement of law or fact
• An attorney should meet the court deadlines. They should never delay any course of action or events during the divorce proceeding on behalf of his client

Attorney ethics is a crucial element in the professional journey of a divorce attorney. Such attorneys must maintain the codes of ethics to be successful and competent in their professional field. A client who can find a divorce attorney who is ethical and whose experience, specialization, practice style and fee structure fit their needs, is bound to get success.

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