Specific examples of churning are set forth throughout these guidelines of professional conduct. A Family Law Attorney should not engage in economic harassment or coercion of the adverse party. Economic harassment occurs, on the one hand, when the party who has the management and control of the bulk of the resources of the family deliberately conducts the proceeding so as to cause unnecessary and unreasonable expense to be borne by the adverse party or its attorney for the primary purpose of coercing a resolution favorable to the party controlling the family's resources. Economic harassment and coercion also occurs when an attorney whose fees can reasonably be expected to be paid largely by the adverse party, conducts the proceeding so as to cause unnecessary and unreasonable expense to be borne by the adverse party, or to cause unnecessary delay, for the purpose of coercing a resolution favorable to the attorney's client. A Family Law Attorney shall not participate in vindictive litigation.
Vindictive litigation occurs when a client's primary goal is to harm the adverse party.
Such a client may be in an emotional state such that he or she is willing to dissipate a substantial portion or all of the family's resources on attorney's fees. An attorney is not required to refrain from taking reasonable and appropriate action merely because one of the client's motivations is vindictive, but an attorney should refrain from representation of a client who insists upon a pattern of actions motivated by vindictiveness. Family Law Attorneys should not do anything to unnecessarily increase the emotional level of a family law dispute. A Family Law Attorney should prepare his or her client to participate in the mediation process so that the client is ready and able to engage in meaningful negotiations. Family Law Attorneys should disclose at the earliest opportunity any social, financial or professional relationship with an expert appointed, or to be appointed, whether by stipulation or court determination.