|
|
Ethics and The
Representation of Families
Professor Barbara Glesner Fines
|
Law 609 Fall
2007
PLEASE NOTE COURSE
SCHEDULING: This course meets five times during the semester for 2 and
one half hours each session (2:00-4:30 p.m.) (September 7, September 21, October 5, October 19 and
November 9).
This
course will be graded on a pass-fail basis.
Students must prepare for, attend and actively participate in all five
class sessions and complete one short out-of-class assignment for each class
session. If a student must be absent
from a class due to medical or family emergencies, he or she will be expected
to schedule meeting with the instructor and complete additional assignments to
make up the missed session.
SUMMARY DESCRIPTION OF
COURSE:
This
course will examine selected ethical issues in the representation of families
(including representation in estate planning, divorce, custody, abuse &
neglect and juvenile cases). Students
will opportunities for practice of practical skills to address common problems
and discussion of perspectives on key controversial issues. Since the course will be offered concurrently
for CLE credit, practicing attorneys will be participating in these exercises
and discussions.
COURSE MATERIALS:
Course materials will be
distributed electronically to all students at least one week before class
meets. Course materials will also be
available through this course website.
COURSE CONTENT:
Session One: Competency in Family Representation
1) Common problems in family representation
2) Counseling and the Client in Crisis
a) What we know about counseling in the lawyer’s office
b) What we know about counseling from other professions
-- Therapeutic Models
c) Special problems of counseling
i)
Clients with
Diminished Capacity: Emotional distress
ii) Juveniles
iii) Elders
3) The need for cross-disciplinary training
a) Types of expertise required
b) Locating and working with other professionals
i)
Ethical
constraints on multi-disciplinary practice
ii) Practical roadblocks to cross-disciplinary practice
Session Two: Roles and Responsibilities
1) The basic rules
a) Identifying the client
b) Determining the scope of representation
c) Allocating control of decision-making
2) Special problems of role and responsibility
a) Representing the parents in custody disputes
b) Representing the child : the role of the guardian ad litem
Session Three: Special Requirements of Dispute Resolution
Settings
1) The Adversary Ethic and Representation of Families
2) Counseling and planning
3) “Collaborative Law” and negotiations
4) Mediation
a) Ethical duties of attorneys
b) Ethical duties of mediators
Session Four: Selected Issues of
Confidentiality and Conflict of interests
1) Confidentiality Issues
a. Should family law attorneys be mandated
reporters for child abuse?
b. Should estate planning attorneys insist
on communication with the family of estate plans?
2) Conflicts Issues: When, if ever, is joint
representation appropriate?
a. Joint wills or estate plans?
b. The “Friendly Divorce”?
a. Representing sibling groups?
Session Five: Business Matters
1. Fees
a. Restrictions on fee agreements
i.
No contingent
fees in divorce
ii.
No drafting
wills in which attorney is beneficiary
b. Best practices in communicating fees
2. Communication & Documentation : Best Practices
3. The future of family law representation
a. Unauthorized practice
b. Unbundling of legal services
Standards & Rules:
·
ABA
Model Rules of Professional Conduct
·
American
Academy of Matrimonial Lawyers (AAML) Bounds of Advocacy
·
Model
Standards of Practice for Family and Divorce Mediation
Other Professional Ethics Codes:
·
American Association for Marriage and Family Therapy Code
of Ethics
·
American Psychological
Association: Ethical Principles Of
Psychologists And Code Of Conduct