Rules governing family lawyers’ conduct set to be spelt out

SINGAPORE — Rules governing family lawyers’ conduct in divorce and other family disputes are set to be spelt out, to get lawyers to take a more conciliatory approach to resolve proceedings and to ensure they consider the interests of the children involved.

Under proposed amendments to professional conduct rules, lawyers handling family disputes must inform clients of all available dispute resolution options, including mediation and counselling.

They must also advise clients to consider an amicable resolution and take a “constructive and reasonable approach” to proceedings.

Lawyers must also advise clients that the court’s priority will be in the best interests of children who are minors, and for the clients to consider the potential harm of various family proceedings to children.

The Law Society of Singapore and Family Justice Courts began a one-month consultation on Monday (Feb 20) for lawyers on the proposed amendments, and to seek views on a Best Practices Guide for Family Law Practitioners.

After that, the amendments will be submitted to a professional conduct rules working group. If they come into force, lawyers who flout the rules could face disciplinary proceedings.

There are currently specific rules addressing the conduct of criminal proceedings, but none in relation to family proceedings.

The Family Justice Courts said it is “timely to consider amendments to address specific challenges faced by family lawyers”.

Some lawyers face clients who do not wish to fully disclose their assets or delay doing so, while others have clients who deploy unlawful methods of obtaining evidence against the opposing party, for instance, members of the profession told TODAY.

Clients may instruct lawyers to take the approach that the other parent ought not to see the child, or not return the child after access.

There have also been high-profile tragedies stemming from acrimonious legal battles. A Belgian expatriate mired in a custody battle killed his five-year-old son in Oct 2015 after receiving an unexpected affidavit from his estranged wife’s lawyer earlier in the day.

Family lawyers face many competing demands even as they look to their clients’ best interest, said Judicial Commissioner Valerie Thean at the Family Justice Courts workplan seminar on Monday.

In view of continuing family relationships, lawyers must understand the importance of mediation as it allows parties to take ownership of their future, she said. They must advise clients to look beyond immediate legal issues and consider the financial and emotional impact on the family, “which are all too often shrouded in the fog of litigation”, she said.

“Most importantly, many family cases have a vulnerable patient or child at the centre of the dispute: Clients must be advised that the court is guided by their best interests.”

Family lawyer Malathi Das said the proposed provisions will focus lawyers’ attention on their ethical duty to not just their clients, but also other players in the dispute such as children, elderly or incapacitated persons.

“It acknowledges the nature of family practice, where the conclusion of the dispute does not mean an end to the interaction between the parties.

“It is also mindful of the family lawyer’s role in other capacities in the dispute, such as Child Representative or Parenting Coordinator,” said Ms Das, who was part of an ethics workgroup formed late last year that helped formulate the draft rules for
consultation.

“Finally, it reminds lawyers and clients of the other options in dispute resolution. After all, it has often been said that conflict is inevitable, but combat is optional.”

Meanwhile, some efforts by the courts have borne fruit, and new initiatives are in the pipeline.

A pre-trial dispute resolution process called Child Inclusive Dispute Resolution saw 80 per cent of its
62 cases last year having at least one or all children’s issues settled by the time mediation was completed at the Child Focused Resolution Centre.

The Family Justice Courts and the National Institute of Education will embark on a study to track the outcomes of 300 families that undergo counselling and mediation at the Family Dispute Resolution division of the courts regarding divorce and ancillary matters. Participants will be tracked over one year through interviews and surveys.