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Join attorneys Joseph Mattson and Pam Peterson of Devine Millimet on November 12th for a practical, high-value Ethics CLE- Ethics in Domestic Relations Practice—Navigating Ethical Pitfalls in Emotionally Charged Litigation.
Domestic relations practitioners must adhere to the same rules of professional conduct as other lawyers; however, the ethical problems can sometimes appear magnified because of the emotional nature of the litigation, the clients’ vulnerabilities, and the inter-personal nature of issues relating to custody, divorce, and the family in general. In this session, we’ll review and discuss how to avoid common ethical issues that arise in domestic relations practice, with specific discussion of ethical complaints raised by both clients and non-clients.
As Abraham Lincoln famously said about litigation, “the nominal winner is often a real loser—in fees, expenses, and waste of time.” This warning is relevant to any discussion of the domestic relations practice. This type of litigation takes what is typically a joyous event, like a marriage or the birth of a child, and turns it into an adversarial process. Because of the emotionally charged nature of domestic relations litigation, the potential for a lawyer to become an emotionally-charged fighter, rather than a principled advocate, is huge. This is especially true when the opposing party is unrepresented.
In this presentation, we’ll address five professional responsibility topics that are particularly common in domestic relations work:
- The requirement that only meritorious claims and contentions be made.
- The requirement that a lawyer be fair to the opposing party and counsel.
- The requirement that lawyers be truthful in their statements to others, including unrepresented parties.
- The allocation of authority between client and attorney.
- The requirement that artificial intelligence be used only in a manner consistent with the rules of professional conduct.
By the end of this presentation, you will be able to spot common ethical pitfalls, learn how to avoid them, and achieve your client’s aims without compromising your own ethics or violating the rules of our profession.
About the Presenters
Attorney Pam Peterson has been a family law attorney since 1994. She advocates for her clients in divorce, child support, alimony, and other family law cases in New Hampshire. She also works as a private marital mediator. At Devine Millimet, she is a Shareholder, the Assistant Chair of their Litigation Department and the Chair of the Domestic Relations Practice Group. She is a graduate of Vermont Law School and received her undergraduate degree at Worcester Polytechnic Institute.
Attorney Joseph Mattson is a New Hampshire native who graduated from Plymouth State with highest honors and the Franklin Pierce Law Center with high honors. He is a Shareholder in Devine Millimet’s litigation department. Before coming to Devine, He was a partner at another large New Hampshire firm. He has defended lawyers in ethics proceedings in Massachusetts and New Hampshire. He has represented lawyers in malpractice actions as well, including everybody from solo practitioners to partners at this state’s largest firms. In addition to his legal malpractice and ethics work, he defends doctors, nurses, and other healthcare providers, and have defended class action lawsuits in New Hampshire, Massachusetts, and New York.
This CLE is being offered both in-person and virtually. If attending in-person, we will be meeting at the Devine Millimet offices in Manchester, NH. It virtually, you will receive an email prior to the presentation with the log-in details. You will choose your attendance preference during the registration process.
Cost
Members- $30.00
Non-Members- $50.00
Public Interest Members- $25.00
*Please note: NHWBA believes our CLEs meet the requirements of NH Supreme Court Rule 53 and that this CLE may qualify for up to 60 minutes of Ethics toward the annual NHMCLE requirement. NHMCLE does not preapprove or accredit CLEs. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance.
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