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.)
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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 contrary to Rule 1.8 (i).”
Based on the Model Rules of Professional Conduct, my answer would be that I am unable to accept such payment agreement, because the marital property is part of the divorce
Maria had spoken with Eva over the phone concerning the correct total amount of $60,000 for rendering decorating services provided by Eva. Maria had sent a letter of the telephone conversation stating that Eva agreed to take $60,000 in full satisfaction obligation under the contract. Although Eva, changed her mind when depositing the check in the bank, she legally entered a mutual agreement over the telephone where it resulted in a unliquidated debt, payment is lower than actual.
If a situation in the future occurs where the competitors may file lawsuits against each other, the attorney could not ethically represent either business due to information learned while representing the businesses on cases prior. A lawyer is required by Rule 1.6, not to use information secured from the representation of one client for the benefit of another client.
Salary is one reason why court appointed lawyers don't go up and beyond their call of duty for their clients. Studies show on an average, people will be sentenced harder or longer if he/she is represented by a court-appointed lawyer rather than a public defender (Green, 2001). Court-appointed lawyers are paid by the state on a case-by-case basis. Court appointed counsel's paycheck varies by offense. The defense counsel will typically only be paid 112.00 to 326.00 for normal lower class cases. Felony punishment by more than twenty years in prison can give up to 1,196.00 for the court appointed lawyer (Green, 2001). Public defenders or "hired lawyers" are salaried state employees. If you hire a lawyer they usually charge about 55.00 an hour during court for their work and 75.00 an hour for out of court (Green, 2001). The figures show clearly the wide range of difference between the incomes of each type of lawyer. Court appointed lawyers will not work more then what their pay will allow them.
defend against an action of divorce should not allow the Plaintiff to be afforded further
With starting the services of court-mandated classes and counseling for parents and children of all divorces, this will ensure to put children at the forefront of the divorce instead of financial gain or heartache of the divorce. Furthermore, the initiation of court-mandated therapy or training would emphasize the importance of ne...
helping them to help readjust the other children - helping them to cope with any
For starters when it comes to lawyers it’s not always winning every case that you come across, but it’s the matter of representing your client in the best possible way that you can, it is keeping their confidentiality agreement, provide them with the best options as possible and keeping an open and honest
Linde, L.E., Erford, B.T., & Cheung, A. (2010). Ethical and Legal Issues in Counseling. In B.T. Erford (Ed.), Orientations to the Counseling Profession: Advocacy, ethics, and essential professional foundations (pp.55-92). New Jersey: Pearson.
In the case of Virginia and Tom the main issue underlying marital crisis that was caused by dishonoring of vows. The case outline that Virginia has discovered that her husband Tom has been having not one, but several affairs throughout the course of their marriage. According to Tom he believes that his numerous affairs did not get in the way with his wife because these acts were not meaningful. Tom thinks that his wife should not dwell in the past because he loves her and he does not want his marriage to come to an end. Tom also, explains that he was not in a committed relationship with the women he come in contact with it was only for sex. Virginia is willing to forgive her husband, but she finds it to be difficult to continue living with him because she is aware of his extra marital affairs in the past. Virginia major concern is that her husband provides no reassurance and tries to use his action as a defensive mechanism.
Defense counsel is task with building a relationship of trust with the defendant and representing him or her to the best of the counsel’s abilities. Defense counsel is important because the majority of people do not understand procedures of court and the laws that govern the adjudication process. For that reason, defense counsel is tasked to prove to the judge (or jury as applicable) reasonable doubt to the evidence, testimony, argument presented against a defendant while following the law and procedures (Defense Function,
The concept of collaborative divorce is slowly making its way into American Court rooms. It provides an affordable alternative to litigation, and demands full cooperation of all parties. It reduces the risk of conflict, and in the event of disagreement there are trained professionals ready to intervene. A neutral law firm would function as the core for a movement for collaboration – a movemen...
Marriage and family counselors can work in mental health centers, clinics, hospitals, social service agencies, and private practice. Those in private practice, for example, may specialize in one or two kinds of problems. If they are not practiced in a certain area, they may refer clients to other counselors if they determine that their clients' problems are outside their areas of expertise. Counselors who work in clinics may work in teams, consulting each other on appropriate therapy techniques as well. Counseling are encouraged to work with others counselors to better solve and understand problems that come their way instead of guessing on their own. This holds true in marriage and family counseling as well.
The duty of confidentiality refers to attorneys and their duty to keep their clients confidential information confidential. Clients must have some guarantee that lawyers will not divulge any of their confidential information so that they are able to seek early legal assistance and the duty of confidentiality allows them to do so. This duty also allows the client to feel secure when consulting with an attorney so that the attorney is able to gather all the necessary information needed to provide effective representation. Confidential information is all information that relates to the representation of a client no matter where the information comes from (Orlik, D. Ethics for the Legal Professional. Pp. 80). Even if the information is known publicly it is considered confidential to the attorney and their agents if it is information that relates to the representation of their client.
Miller, Ted. "Chapter 14: The Dollar Side Of Divorce." Kiplinger's Practical Guide To Your Money (2003): 199. MAS Complete. Web. 30 Apr. 2014.
Proper Counseling: A Lawyer is responsible to counsel his client deeply and should tell him the future consequences, so that the client can take right decision.