Home > Research Legal Advice > Ethics / Professional Responsibility > Ethics and Child Custody Attorney
Asked over 1 year ago - Pittsburgh, PA
FlagI had a disagreement with my child custody law attorney, and I am not sure if I want to continue with him. I told him that I disagreed with him. He is saying that something that I feel is my ex's fault is my fault. I am paying this attorney to work for me. I understand that he has is own opinion but feel maybe he should keep it to himself in this situation. Is it ethical or good practice for an attorney to disagree with me when he is suppose to be on my side. It just doesn't' sit right with me.
You did not indicate the legal or factual nature of your disagreement.The answer is that it depends on the reason for his disagreement.If the law supports your attorney's position, you should listen to him and respect his position. If the law does not support his view you may have to seek new counsel. In any event, have a serious discussion with your attorney about the legal basis for his view.
Child custody matters are very personal and emotional experiences. It is not unusual for a parent to feel they are being abused by the legal system or their attorney because no one "wins" in these matters. The law seeks to only accomplish what is in the best interests of the child, and not to vindicate their parents feelings about the legal process.
As between you and your attorney, the attorney does you no worthwhile service if s/he is just a cheerleader, telling you how right you are when you aren't. It is a much higher quality of service to tell you when the attorney disagrees with you, and tell you why. That candor allows you to see how others (court, jury, opposing party) is likely to view your position and allows you to modify your position if you find the attorney's candor persuasive.
As between you and the rest of the world, the attorney should advocate your position without reference to any disagreement between the two of you.
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