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Divorce Lawyers' Obligation to Children

By Andrew Schepard
October 30, 2006

Do divorce lawyers have an obligation to disclose client confidences when it is in the best interests of the client's child to do so?

The short answer of the rules of professional responsibility is 'no' because a 'yes' answer is deemed to be fundamentally inconsistent with the premises of the adversary system in which the divorce lawyer functions. The longer answer is that the rules encourage ' but do not require ' a divorce lawyer to counsel the client to authorize the disclosure because it is in the best interests of both parent and child.

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