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Shopping Spree!

Harking back to one's first years of practice, and even as far removed as law school, we were taught about the concept of “forum shopping.” That is, of course, “the practice of choosing the most favorable jurisdiction or court in which a claim might be heard.” Black's Law Dictionary 681 (8th ed. 2004). The term has a pejorative connotation wherein the litigant's choice of forum is designed to gain improper advantage in a disingenuous fashion.

In matrimonial law, however, the shopping spree is often not just limited to the forum. It is not uncommon for litigants to consult with a series of attorneys in order to narrow the pool of available counsel able to represent their spouse and “conflict out” particular lawyers. There is also an increasing instance of well-informed clients retaining particular attorneys to cause the disqualification of particular judges whom the client would like to avoid. In both instances, the integrity of the legal system demands that all appearances of impropriety be eliminated even at the risk of the client losing his or her preferred choice of counsel.

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