Article originally published in the New Jersey Family Lawyer, Vol. 37, No. 1/August 2016
It seems as if the practice of family law becomes more complicated and more stressful each year. In addition to communications via regular mail and telephone, family lawyers receive a constant barrage of emails and text messages from adversaries and clients. Family lawyers are practicing in a system that includes not only litigation but mediation, collaborative divorce, and arbitration. On top of all this, practitioners must keep abreast of new case law and statutes that affect their practice. Family lawyers also need to conduct their practices in accordance with the Rules of Professional Conduct and advisory opinions.
This article addresses three areas the author believes pose possible ethical challenges:
1) the retention and destruction of closed client files;
2) The statements set forth in an affidavit or certification filed with a motion to be relieved as counsel; and
3) the requirement of written retainer agreements in family matters.#retaineragreement #retentiondestructionoffiles #certification #relieveascounsel #affidavit