Grievances continue to be filed when what originally seems an amicable divorce turned sour. In that case, the attorney must withdraw from representing both parties. A common error is for the attorney to remain in the case representing one of the parties. This is a non-waivable conflict because the attorney has client confidences from both parties. Thus, the attorney is required to withdraw from representing both parties.
Grievances regarding fees also are on the rise.
A representative example of recent grievances involving fees include attorneys who have billed clients for time spent rectifying mistakes caused by their own prior neglect. You cannot bill your clients for your errors. They tend to create problems, particularly where the provision leaves the decision of whether a bonus is due and its amount within the sole discretion of the attorney. Many lawyers are putting liens on the marital property in order to secure their fees. Exercise caution so the amount of the lien applies only to the interest awarded to the client of the attorney, if any.