Refer to Rules 1.1, 1.3 and 1.4 to familiarize yourself with client neglect. Another item worthy of mentioning is Ethics Opinion 68. The opinion provides guidelines for when a lawyer can represent both the husband and wife in a divorce. If everything is in absolute agreement, the lawyer can produce the agreement in writing and represent the parties at the dissolution hearing. However, in most cases, absolute agreement in a dissolution is the exception rather that the rule.
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.