Intimate Partner Violence and Ethical Lawyering: Not Just Special Rules for Family Law

Abstract

Should family lawyers be subject to special rules of professional conduct? This debate has resurfaced because of the 2021 amendments to the federal Divorce Act which imposed new professional obligations on lawyers. The suggestion is that the Act now conflicts with the Federation of Law Societies Model Code of Professional Conduct, such that the Model Code needs to be amended to comply with family lawyers’ legislative professional obligations. There are also questions about whether additional guidance is needed for lawyers when representing parties who are experiencing family violence. Against this backdrop, I review the question of whether family lawyers ought to be governed by a separate code of professional conduct, suggesting that there are questions about the lawyer’s role which need to be answered before a comprehensive regulatory change can be considered. I also argue, however, that family violence concerns, specifically in relation to intimate partner violence, need to be central to discussions about professional rules and ought not wait. This paper concludes with recommendations for reform to the Model Code and questions for future debate and discussion.