Family court proceedings involve unique ethical considerations because they are courts of equity focused on the best interest of children, unlike civil litigation where attorneys have no duty to opposing parties and can employ aggressive tactics; this creates a need for ethical constraints similar to the Brady rule in criminal law to ensure justice for vulnerable parties.
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I think I think there aren't like kids at stake. I mean this is the there's certain just there's just a different >> Mhm.
there's just a different I guess angle to it in family court because of because of the families that are at stake. But the tactics and the way that people treat each other and the way that people rib each other and get each other upset about things to get them to be off their game. Like all the kind of I don't know.
I don't know.
>> tricks. Those are all in civil litigation. They're all I mean I I didn't do I don't know. I didn't do that. I feel like it's one of those things. Especially that's where you can't as divorce lawyers, you or in divorce law, you can't say it's a court of equity, but then at the same time say it's a court of law, because is it equity? Is it law? Is it in the kids' best interest? Obviously attorneys don't have a standard to the best interest standard like the court does. But I think that's >> you mean? Like you don't have a duty as a person representing dad. You have no duty whatsoever to the children.
No, correct. Where the court's the standard is this best interest of the standards quasi court of equity, right? Family courts are courts of equity. Yeah, but I mean they also like best interest is a an issue of law to the extent that you've got a statute that spells out exactly what best interest, you know, things have to Yeah, yeah, yeah. So but I guess what I'm saying too is like Brady, think about Brady in criminal law. Like you could be it could be a tactic for a prosecutor to not give over exculpatory information, but we have case law that says that's unethical, we prosecutorial misconduct, because it's not in the interest of justice. And I do think that maybe just some constraints, you know, my belief, I think get rid of family court altogether. But if there was some level of equivalent to Brady, if especially if we're talking about best interest of children.
>> the whole criminal justice system is working toward justice, the just result.
And that would be the prosecution. Yeah, I mean it's not that way with family. I mean with kids there there is >> Well, but the same thing with all civil cases. You don't have if I'm in a contract dispute with you over a lease, I don't have any obligation your client whatsoever and there are no ethical regulations of you know, how I mean Well, I guess like other than not filing frivolous motions. Well, yeah, but I mean >> Speaking to them if they're represented.
>> But I mean getting their you know, playing mind games with their attorney at a deposition so they're off their game and not giving a great not taking a great deposition and you know, throwing them off their game in such a way that they forget to ask important I mean all of that's fair game. That's being a good advocate. And it works. I mean it's borderline evil. Especially involving when you're talking about involving kids.
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