Ethical dilemmas in domestic abuse cases often go unrecognized at worst
\nand unacknowledged at best. Both civil and criminal lawyers frequently fail to
\nrecognize the special ethical problems of intimate partner abuse, specifically
\nthose that place a survivor at an increased risk of harm.
\nThis article explores ethical dilemmas and violations of lawyer professional
\nresponsibilities from both criminal and civil perspectives. The overriding focus
\nof this article will not be so much on criminal cases involving domestic abuse,
\nbut rather on the intersection of criminal law and criminal lawyering with civil
\npractice. Among other issues, this article reviews the nature of zealous advo
\ncacy and the elements of competency under the rules of professional conduct.
\nOthers have ably written on ethical representation in domestic abuse cases,
\nsounding the alarm of ethical hazards. Those authors have made valuable con
\ntributions to the discourse, and many are cited herein. This article seeks to sup
\nplement those writings by blending both practical and scholarly perspectives on
\nwhat happens when criminal law and practices in abuse cases influence family
\nlaw matters and intimate partner abuse discourse. A primary focus of the ethics
\ndiscussion is the disruption of family law goals when abusive partners are rep
\nresented by lawyers who use criminal style tactics in family court matters.
\nWhen parties\u2019 use criminal strategies\u2014which have often-contradictory goals\u2014
\nin family law matters, such approaches can harm opportunities for settlement
\nas parties become more polarized. This inability to reconcile goals can be both
\nfinancially and emotionally costly for both parties, as well as dangerous for the party who has been harmed. In addition, practitioners may be exposing them
\nselves to ethics complaints and malpractice claims.<\/p>\n
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