Family lawyer affair with married client
A family law practitioner drew up a will for my husband and then proceeded to have an affair with him. We are still together and trying to make our marriage work for the sake of each other and our young daughter.
I know the blame does not rest solely with the lawyer but should her employer be informed of her actions and is there any grounds for dismissal, given that she works in family law and did her best to tear my family apart?
Hi there. Lawyers are under strict professional duties. These duties are designed to maintain the integrity of the profession and ensure clients’ interests are protected. Lawyers owe their clients special duties, including a duty to avoid a conflict of interest. Starting a personal relationship with a client will generally breach this duty if the lawyer continues to advise or represent the client in a professional capacity.
In Queensland, the Legal Services Commission is responsible for regulating the professional conduct of lawyers. A lawyer may be investigated by the Commission and disciplined if the lawyer has engaged in ‘unsatisfactory professional conduct’ or ‘professional misconduct’.
If you believe a lawyer has acted improperly, you can lodge a formal complaint with the Commission by visiting www.lsc.qld.gov.au or phoning 1300 655 754. The Commission will assess the complaint and, if it cannot be resolved informally, will launch a formal investigation into the complaint.
Suggested way forward
You should contact the Legal Services Commission in Queensland to lodge a formal complaint if you believe a lawyer has acted improperly. If you want additional advice on your legal options to resolve this matter, you may want to consider speaking to a lawyer. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.
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