FINANCED ABUSE IN FAMILY LAW:

PROTECTING CLIENTS FROM UNETHICAL PRACTICES.

The Dissolution Advocates NW | LLC

In the legal profession, ethics form the bedrock of professional conduct, guiding lawyers in their interactions with clients, courts, and society at large. However, despite the stringent ethical standards imposed on legal practitioners, instances of unethical behavior persist in family law cases, threatening to erode public trust in the legal system and jeopardize the rights and well-being of clients.

Unethical practices such as billing for unrendered services, engaging in predatory litigation, providing false representations, exploiting vulnerable clients, and failing to manage conflicts of interest are antithetical to the principles of integrity and fairness upon which the legal profession is built. Charging clients for services not provided places an undue financial burden on already vulnerable individuals, undermining the trust and confidence that clients place in their legal representatives. Similarly, engaging in predatory litigation solely for personal gain, rather than advocating for the best interests of clients, prolongs legal battles unnecessarily and exacerbates clients' distress, further eroding trust in the legal system.

False representations, whether made to clients, courts, or other bodies, serve to conceal misconduct or incompetence and undermine the integrity of the legal system. Exploiting vulnerable clients for financial gain is not only morally reprehensible but also undermines the fundamental principle of equal access to justice. Moreover, failing to manage conflicts of interest can compromise the impartiality and fairness of legal proceedings, undermining public trust in the legal system.

Many attorneys are trained in the adversarial model, wherein all interactions on a case are characterized by negativity. Consequently, individuals may find themselves consumed with anger towards the opposing party and the legal system, leading to sleepless nights. This adversarial approach often prompts attorneys to adopt aggressive tactics, colloquially known as "shark mode," which can result in costly and often unnecessary formal discovery processes, depositions, subpoenas, and the involvement of various experts. Unfortunately, these measures frequently yield limited valuable information, particularly in divorce cases.

Furthermore, attorneys may employ stonewalling tactics, advising clients to disclose as little information as possible when required to reveal personal details. Despite being billed for such behavior, it often contributes little to resolving the underlying matter. Additionally, attorneys may resort to filing ex parte motions, which are sometimes employed to harass the opposing party or create future litigation issues, rather than facilitating resolution.

In addition to these unethical practices, inadequate responses to client complaints, opaque billing practices, kickbacks for referrals, collusion, breach of contractual and professional duties, breach of public duty and confidence, and fraudulent practices further tarnish the reputation of the legal profession and erode public confidence in the justice system. It is incumbent upon legal practitioners to uphold ethical standards, prioritize the best interests of their clients, and maintain transparency and integrity in their professional conduct.