Louis Parley, Introduction, 33 FAM. L.Q. 277 (Summer 1999).
“I was tempted to try to give this collection of articles on legal ethics a millennium-oriented title, but they are not about the future, they are about the present. Nor did I think that suggesting this was the last collection of legal ethics essays that you might read this century, or this millennium, was appropriate as that would focus on the past, which is not the focal point either. Rather, I thought it was appropriate to emphasize that these essays address issues that confront family law practitioners now, and that they are focused on trying to help resolve the issues raised with a relevant immediacy.”

Marsha Kline Pruett & Tamara Jackson,The Lawyer’s Role During the Divorce Process: Perceptions of Parents, Their Young Children, and Their Attorneys, 33 FAM. L.Q. 283 (Summer 1999).
This article examines the role of attorneys in divorce from the perspectives of parents who have just completed a divorce, their young children, and the attorneys who represented the various family members. The research from which the data is drawn consists of in-depth interviews, which were one aspect of a larger study project on “The Culture of Litigation: Impact on Divorcing Parents and Children.” Thus, parents’, children’s, and attorneys’ ideas pertaining to their positive and negative experiences are presented, with a particular emphasis on their analysis of, and reflections about, the role of lawyers during the divorce process.

Louis Parley, Attorney-Client Communications: Now What Is It Exactly That We Are Supposed to Tell Them?, 33 FAM. L.Q. 311 (Summer 1999).
If client dissatisfaction with divorce lawyers is as pervasive as practitioners believe it is, and if the problems elucidated in the Pruett study have provided insight into a major cause of that dissatisfaction, then the picture painted is one of pervasive and consistent unethical behavior by a substantial portion of lawyers practicing family law. The author’s intention in this article is to explore the problems that are identified in the Pruett/Jackson article and to analyze their relevancy to the ethical practice of family law.

Daniel L. Bray & Michael D. Ensley, Dealing with the Mentally Incapacitated Client: Ethical Issues Facing the Attorney, 33 FAM. L.Q. 329 (Summer 1999).
This article addresses the dangers for the lawyer contained in Model Rule 1.14 and endorses the position that the rule should be interpreted in a narrow and limited sense. Part I is an overview of Model Rule 1.14 and its commentary, as well as the Ethical Considerations of the Model Code. Part II discusses the threshold question: Is my client impaired? Part III considers what a normal client-lawyer relationship is, looking at both the advocacy and the “best interests” approaches. Part IV views the options available to the lawyer proceeding with the representation, including seeking assistance from other family members and doctors, guardianship proceedings, withdrawal, and the elusive “other protective action.” Finally, Part V reviews a hypothetical fact pattern, applying the various rules, and bringing into consideration other steps the lawyer can take to protect him or herself.

Michael L. Kleiman & David Hofstein, , Ethical Concerns Relating to Communications with Represented Parties, 33 FAM. L.Q. 349 (Summer 1999).
This article reviews the ethical provisions that address communications with represented parties and the underlying bases for these provisions. It also attempts to reconcile various ethics opinions that explore the issue of whether a lawyer can encourage client-to-client communications and the extent to which the lawyer can script the conversation for the client.

Andrew S. Grossman, , Avoiding Legal Malpractice in Family Cases: The Dangers of Not Engaging in Discovery, 33 FAM. L.Q. 361 (Summer 1999).
The first portion of this article discusses the elements of a legal malpractice action, in general: duty, breach, causation, and damage. The second portion discusses the basic standard of care for an attorney representing a client in a divorce case, specifically focusing on the standard of care when engaging in discovery. The final section focuses on two scenarios that domestic practitioners face every day: what happens when a client specifically instructs the attorney to not engage in certain discovery, and what happens when the client cannot afford the costs of engaging in discovery the attorney indicates is necessary to protect the client’s interests.

Linda J. Ravdin & Kelly J. Cappa, Alternative Pricing of Legal Services in Domestic Relations Practice: Choices and Ethical Considerations, 33 FAM. L.Q. 387 (Summer 1999).
An examination of hourly billing practices in comparison to alternative or value billing, and the ethical considerations of each, demonstrates the clear need for the expansion of alternative billing strategies in the arsenal of the matrimonial attorney’s engagement arrangements with clients. This article urges the loosening of ethical prohibitions against contingency fees in domestic relations cases and the adoption of a more flexible approach to alternative billing practices by matrimonial attorneys. The authors do not suggest that hourly billing should be eliminated in favor of other forms of pricing for domestic relations legal services; rather, they argue that additional forms of pricing should be available to both attorney and client and that alternative pricing can be accomplished consistently with the attorney’s ethical obligations.

Ronald W. Nelson, Legal Ethics and the Internet: Ethical Considerations in Electronic Communications Between Attorneys and Clients, 33 FAM. L.Q. 419 (Summer 1999).
In today’s American society it is common to communicate not only by the traditional means of letter and telephone, but also by telecopier, mobile telephone, and “voice mail.” Increasingly, attorneys and clients are relying on electronic mail and the Internet to communicate. With the need to keep in close contact with clients and the explosion in technology in recent years, lawyers have sought to use the new methods of communication available to them to foster and speed these communications. This article examines the unique risks to the confidences exchanged between attorneys and clients posed by these advanced modes of communication.