The Appropriate Role Of Counsel Of Divorce And Custody Matters Essay

The Appropriate Role Of Counsel Of Divorce And Custody Matters Essay

Length: 1006 words (2.9 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

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?

The appropriate role of a counsel in divorce and custody matters is to do what is in the best interest of your client. Counsel should zealously advocate the interest of your client. To do this, counsel need to first, identify what does your client want and what is in his/her interest. Then advise your client of all of the options available to them, and the pros and cons of such options, allowing them to make an informed decision. It is the courts job to determine what is in the child’s best interest, it is not the counselor’s job to do so.

2.) You are engaged by W to pursue divorce against her husband. She has paid you $1000 as an initial retainer, but as you proceed in the case you realize that she and her husband will not come to an agreement regarding the issues of property division and custody. W has no cash reserve with which to pay you enough money to finance a full trial on these issues. However, there is a large amount of equity in the marital home, which she proposes to sell as part of the divorce. So, she offers to grant you a mortgage on the marital home in order to secure future legal fees. What is your response? Explain.

Modern rules of professional conduct Rule 1.8 (i) states, “A lawyer may accept property in payment for services, such as an ownership interest in an enterprise, providing this does not involve acquisition of a proprietary interest in the cause of action or subject matter of the litigation c...

... middle of paper ...

...n the line to represent either party. A lawyer in a Maine case, Board Of Overseers of The Bar v. Dineen, 500 A.2d 262 (1985), was sanctioned and suspended from practicing law in Main, for a period of six months. Attorney Dineen represented a husband and wife in a divorce proceeding, and then subsequently representing the wife in a civil OUI case, in which the husband was a witness. The court found that the lawyer violated Maine’s Rule 3.4(b), among many other rules.

That rule states: Conflict of Interest. A lawyer shall not accept employment if the exercise of his independent professional judgment in behalf of a client will be, or is likely to be, adversely affected by the acceptance of such employment, or if it would be likely to involve him in representing differing interests, except to the extent such employment is permitted by subdivision (d) of this rule.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Right to Counsel Essays

- “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.” (US Const., 8th Amend.) As shown in the constitution the right to counsel for the defense is a key right in our judicial system....   [tags: Criminal Justice]

Better Essays
1197 words (3.4 pages)

Ethical Duties of Legal Counsel Essay

- Ethical Duties of Legal Counsel The U.S. criminal justice system is considered to be an adversarial system consisting of two sides, the prosecution and defense. It is believed that both sides enter the trial on equal grounds and present evidence to represent and help support their case. However, throughout the proceedings both the prosecution and defense have two very different ethical roles, responsibilities and duties, which tends to cast doubt on both sides remaining equal. The defense’s role is to make the prosecution prove its case with sensible arguments, real evidence, and steadfast testimony; point out facts in which the State has failed to establish guilt; ensure the defendant rece...   [tags: Criminal Justice]

Better Essays
1114 words (3.2 pages)

Essay about Equal Access Matters : Women And The Workforce

- Equal Access Matters: Women and the Workforce In the year of 2016, news companies, magazines, social media sites, activists, students, and others from many different parts of the globe are still pushing for a variety of women’s rights in a plethora of areas. Among these crucial areas is the workforce. Years after the women’s rights movement initially began, women are still struggling to gain equal access to job opportunities simply because of gender-based discrimination. As part of a platform that was especially promoted by the feminist Second Wave, equal access in the workforce matters because it directly affects how women are able to define their goals, the way in which they can pursue th...   [tags: Gender, Feminism, United States Army, Gender role]

Better Essays
1658 words (4.7 pages)

The Supreme Court Nomination Matters Essay

- The Supreme Court Nomination Matters The Supreme Court vacancy and nomination has the power to change the ideological direction of how the Supreme Court rules surrounding issues of immigration, gun control, climate change, and more (Sherman). After the passing of late Justice Antonin Scalia in February 2016, a vacancy opened up on the Supreme Court. With President’s Obama 's presidency term ending and the upcoming president election, the stakes of what party will be able to fill the vacancy are critical so the president can place a like-minded justice in the vacancy....   [tags: President of the United States]

Better Essays
956 words (2.7 pages)

Developing Ideas on How To Counsel Children Essay

- Developing Ideas on How To Counsel Children Introduction This article identifies several special characteristics of children that require adaptations of adult effective counseling skills. This article also offers modifications of basic skills to make them more applicable to the needs of children. Next, addressing children’s special characteristics on counseling is discussed. Building trust in the relationship, maintaining a facilitative counselor, and using questions appropriately is discussed in full detail....   [tags: Child Psychology, Informative]

Free Essays
320 words (0.9 pages)

Difference Matters And Other Important Matters Essay

- Allen, Brenda J. "Difference and Other Important Matters." Difference Matters: Communicating Social Identity. Long Grove, IL: Waveland, 2004. 1-22. Print. In her book, Difference Matters, Brenda Allen discusses the importance of identity in an individual and in society. She addresses specific factors, from age to social class, that affect society. In her first chapter, more specifically, she talks about these factors as a whole in introducing the why differences matter. She then lays out the issues associated with differences in society....   [tags: Education, High school, Learning styles]

Better Essays
1379 words (3.9 pages)

Victimized By The Court's Appointed Counsel Essay

- Victimized By the Court's Appointed Counsel When working with a court appointed lawyer you need to research and follow up on guidelines that carry with your charge. You have to learn how the court system works. Lawyers that are hired by the court to represent the low and middle-income people are lazy in doing their job. There are many reasons why court appointed lawyers don't do their best for their clients involving the court cases. Pretrial court is usually within a week from the date that you committed the offense....   [tags: State Lawyers Criminal System]

Free Essays
1798 words (5.1 pages)

Essay on Why Liberty Matters

- George Washington once said, “Only virtuous people are capable of freedom. As nations become more corrupt and vicious, they have more need of masters.” England took advantage of its colonies and tried to enforce unfair policies. In 1775, the political mistreatment needed to end and the United States needed to separate from Britain to develop successfully as a country. The American Revolution changed the history of the world. To understand it’s the importance of the American Revolution it necessary to understand pre-war America, the cause of war, Britain’s mindset, United States’ mindset, the economy, significant events, and how the war ended....   [tags: freedom, unfair policies, war, masters]

Better Essays
1957 words (5.6 pages)

Essay about Appropriate Technology

- Appropriate Technology has been designed with exceptional contemplation to the ethical, cultural, environmental, social, and economic characteristics of the people living a community in which the technology is proposed for. As a result of this goal in mind, appropriate technology advocate a claim that its methods require a smaller quantity of resources that are easy to maintain and have less adverse effects on the environment and social ethics when compare to the more advance technologies. Furthermore, appropriate technology usually describes uncomplicated technologies proponents reflect on suitable for use in developing countries and less industrialized nations....   [tags: Technology]

Better Essays
923 words (2.6 pages)

Place Matters Essay

- Place Matters: Metropolitics for the Twenty-first Century “Could suburbs prosper independently of central cities. Probably. But would they prosper even more if they were a part of a better-integrated metropolis. The answer is almost certainly yes.” (p. 66) Deepening economic inequality is fundamentally associated with the spatial polarization between central cities and sprawling suburbs, and between wealthy regions and poorer ones. Government policies have promoted economic and racial segregation, encouraged businesses and the wealthy to move to outer suburbs, and effectively limited the poor and minorities to central cities or troubled inner-ring suburbs....   [tags: essays research papers]

Free Essays
1585 words (4.5 pages)