The Legal Representation Of Counsel

1793 Words8 Pages
Q.1. What is the appropriate role of counsel in divorce and custody matters? Should counsel serve as a champion to ensure that the family’s or children’s best interests are served, or should counsel be a champion to further the goals of his client, even if this may cause damage to other family members? A: To represent clients related to family and marital matters are indicated top violations in most jurisdictions, particularly sexual relationship between client(s) and counsel while a case is pending for disposition. It’s also a very stressful when the legal representation involvement with dynamic of human nature, emotion and lack of humanistic way that one spouse against the other spouse outside of marital home. Not every counsel is…show more content…
What this means is counsel must avoid any conflict of interest, absolutely never even attempt to represent either spouse if counsel ever provided either party any type of legal service, even a brief consultation. Counsel should be the one who would foresee unknown consequences when s/he represents a client in domestic matter. More clearly, counsel is free to represent either spouse who requested a legal representation, but one and only one spouse, never both spouses, even parties signed a waiver, expressing consent for counsel to represent both parties. To ensure counsel to fulfill his/her duty to represent client effectively, the simple rule is that whoever client signed the legal service contract and paid for the agreed services, this is the very and only client whom counsel must serve and loyal to, not other spouse, children, much less family members. It’s not counsel’s function, much less legal duty to ensure the best interest of the children or other family members. The counsel’s delicate balance is how to zealously serve his/her client, at the same token, not to cause damages to other innocent parties, especially the children. As an officer of the court, counsel should promptly inform the court or authority if counsel witnessed or detected any criminal act which may cause harms to children. Q. 2.) You are engaged by W to pursue divorce against her husband. She has
Open Document