Teagan McDonald was selected as the winner of our 2024 Russell Alexander Law Scholarship!
https://www.youtube.com/watch?v=AnI3_XeDeT8;showinfo=0
Winning Essay
Essay Question
Ethical Dilemmas in family Law: Describe an ethical dilemma that professionals in family law might face. How would you approach this dilemma, and what factors would you consider in making a decision?
Teagan’s Response
Throughout high school, I wanted to be a family lawyer, as I wanted to help create positive change in individuals’ personal lives, however, the ethical dilemmas that occur daily in family law are what have deterred me from the field. I am aware that in any field of law there will be ethical dilemmas, however, family law requires a sense of intimacy and professionalism that is unique to the field. Family law often involves personal relations and domestic affairs, and the outcome of a dispute or legal trial will directly affect the person’s lives of many, including growing children. Some of the many ethical dilemmas a family lawyer may face are conflicts of interest, honesty and best interests, financial issues, custody and welfare, as well as representing minors. However, the main ethical dilemma a family lawyer would face is the burden of confidentiality versus the safety of other involved individuals. By viewing the ethical issues and legal obligation of confidentiality in a general divorce dispute, one can better understand how this dilemma affects lawyers. For example, you are representing your client in a divorce case, and they have shared with you they are fearful of their spouse becoming violent as they have been in the past, and they have children together. Under Canadian law, you must protect your client confidentiality, however, this case also involves the safety and livelihood of the client, but also the children. If I were to analyze this case, I would investigate the risk factor, seek collaboration and co-council, as well as, understand that under Canadian law, one must report any case of child abuse.
Firstly, it is important to analyze the risk, including how immediate and serious those claims are. This would involve further discussing with your client to better understand the situation, involving questioning and interviewing. This would involve understating how serious the abuses are, whether they are physical or verbal, if they happen often, are in the past or if they occur in the present day. Once this is demeaned, it will be easier for a lawyer to navigate what course of action is best to be taken. During this process, it is also important to understand why your client wants to keep this information hidden, and to tell them their legal options and courses of action. For example, if in this situation, the client’s spouse had been verbally abusive in the past, maybe the client does not want this fact to be used against them in court, as it would affect how the custody of their children would be distributed. In addition, the client may also be hiding the facts, as they fear of what the spouse may do to them or their children. In this case, it is important to inform the client of what would happen if they do share the truth, and assure them that the best possibility is to allow the lawyer to do their job, to fully advocate and defend them.
Secondly, in cases of such heated emotions and various courses of action, collaboration may be essential. This could involve discussing the case with another lawyer, paralegal, and/or supervisor with the client’s permission, as these individuals may have more advanced experience with situations like this. In addition, lawyers may need to collaborate with other professionals that are within the field, such as social workers and law enforcement. This again will further the lawyers’ understanding of the situation, allowing for a multifaceted approach to the situation. Discussing with various lawyers will allow for alternative viewpoints and diverse strategies that will help balance and understand the ethics in the case. When the best approach is decided, then the social workers and law enforcement can work with the lawyer to create a safety plan for the client and children. This will not only ease the mind of the client, but also sway them to tell the truth. For example, if you collaborate with other lawyers and convince the client that the best way to handle the situation would be to share the true information with a judge or council, then having a safety plan created by the police would help ease any suspicions that they would be at risk if. This is why collaboration among many professionals’ professions is important when faced with an ethical dilemma in family law.
Although a lawyer is bound to protect the confidentiality of a client, it is also a lawyer’s legal obligation to share accounts of child abuse or neglect, and in this specific scenario, the duty to protect a child overrides the duty to client confidentiality. However, it is important to consider if there is a reasonable belief that the child and family are at risk if the client’s spouse is not charged. In addition, this cause of action should be one of the last actions taken, as a lawyer must balance the need to protect vulnerable individuals while respecting their client’s wishes and maintaining trust. For example, if the client shares that their spouse is only physically violent towards their children, then as a lawyer, you would have to make the difficult decision to report this, as this duty overrides the duty to your clients confidentially.
Overall, it is clear that being a family lawyer requires a persistent and unique understanding that many areas of the law do not require. It is important to assess the situation uniquely and confidently when faced with ethical dilemmas. If cases are looked through lenses that involve immaculate understanding, consistent collaboration among fields, and following legal obligations, all cases will be handled effectively, and with prestige.
