There was a useful nugget here from January's ISBA Bar Journal. The piece includes appropriate admonishment of lawyers to not take sides in a divorce. And also to control your client...don't go along with what he says.
The crux of piece focuses on important issues of IL family law...i.e. that we're a so-called No Fault state. If you've lived separate and apart from your spouse for two years, you can get divorced without any other reason. Also, conduct is not supposed to be considered regarding custody unless the conduct somehow effected the child.
Remember (from the article)...
The moral issue is often, if not usually, of great significance to the "innocent" party. This is understandable, and you should acknowledge your client's feelings. The Judeo-Christian tradition is that wrongs are punished. Often the client feels robbed of closure because his or her ex is not punished.
But Illinois law is a no-fault state. We lawyers should not lose our objectivity by over-identifying with the client. Doing so only magnifies any unrealistic expectations the client has about the outcome.
As an aside, there's nothing more wasteful and upsetting than an opposing attorney/client who's out of control or who's expectations haven't been "shaped" by a competent attorney. I've had a couple cases recently where the opposing client has started yelling at my client and sometimes at me...totally inappropriate and not professional.
The crux of piece focuses on important issues of IL family law...i.e. that we're a so-called No Fault state. If you've lived separate and apart from your spouse for two years, you can get divorced without any other reason. Also, conduct is not supposed to be considered regarding custody unless the conduct somehow effected the child.
Remember (from the article)...
The moral issue is often, if not usually, of great significance to the "innocent" party. This is understandable, and you should acknowledge your client's feelings. The Judeo-Christian tradition is that wrongs are punished. Often the client feels robbed of closure because his or her ex is not punished.
But Illinois law is a no-fault state. We lawyers should not lose our objectivity by over-identifying with the client. Doing so only magnifies any unrealistic expectations the client has about the outcome.
As an aside, there's nothing more wasteful and upsetting than an opposing attorney/client who's out of control or who's expectations haven't been "shaped" by a competent attorney. I've had a couple cases recently where the opposing client has started yelling at my client and sometimes at me...totally inappropriate and not professional.
posted by Peter | 12:53 PM
0 Comments:
Post a Comment
<< Home