Hiring an attorney is one of the most important protective steps people can take during a divorce. In theory, an attorney can handle most of the major aspects of divorce, from filing the necessary paperwork to negotiating with the other party.
They can educate their client about their rights and options throughout the divorce process. When they do their job well, they can help a client obtain the best possible outcome given the circumstances. Unfortunately, not all lawyers offer the optimal degree of legal support.
Some attorneys bend or even violate the rules that govern their professional conduct. Certain issues that a client notices during a divorce can be indicative of problematic professional behavior. The issues with their legal representation may warrant seeking assistance elsewhere.
What rules do attorneys typically need to follow when representing someone during a divorce?
Disclosing conflicts of interest
A lawyer has a fiduciary duty to their client. They should put the interests of their client first rather than their own desires. Sometimes, an attorney’s other relationships or financial interests can prevent them from doing right by their clients. When a lawyer fails to tell a client that they have known their spouse since college or have connections to their employer, for example, that conflict of interest could lead to a compromised standard of representation. Clients need to know if an attorney has other interests that may prevent them from providing the best advice and advocacy.
Maintaining attorney-client privilege
Someone discussing a divorce with their lawyer may reveal many deeply personal details about their situation. The need to communicate thoroughly and honestly is crucial when navigating a legal issue, therefore, the confidentiality of communications between clients and attorneys can be of the utmost importance. People can share their most personal concerns with a lawyer and should not have to worry about them disclosing that information to anyone else.
Following communication guidelines
Lawyers can serve as buffer between spouses unable to communicate calmly. The lawyer representing one spouse can respond to the other spouse’s request for information on behalf of their client. However, their ability to directly communicate with the other spouse depends on whether or not they have an attorney of their own. In scenarios where both spouses have lawyers, an attorney generally has to communicate with the attorney representing the other spouse to comply with standards in the legal sector.
Attorneys who do not conform to those professional standards may not have their client’s best interests at heart. They may not offer the standard of representation a client needs given the complex legal issues that often arise during contested divorces. Understanding how a lawyer should behave toward a client and other parties involved in a legal matter can help people evaluate different lawyers and the potentially unacceptable performance of the attorney they hire.
