Fundamental Significance of Fiduciary Duty in Divorces in NJ

New Jersey Divorce Lawyers have a legal and ethical obligation to act with the utmost integrity, competence, and loyalty in representing their client during a challenging time.

A divorce lawyer is responsible for acting in their client’s best interests. Their profession requires that they establish a relationship of trust and loyalty and provide the highest level of legal care possible. Their purpose is to guarantee the best possible level of professional care to their client. Absolute honesty and full disclosure of any possible conflicts of interest must always be present. The client is entitled to the highest level of sincerity and transparency, no matter the circumstance.

While in the midst of a divorce, clients are particularly vulnerable emotionally, mentally, and physically. Frequently, the divorce process can cause emotional distress, mental and physical exhaustion, feelings of helplessness, and confusion, among others.  Even under the best circumstances, in the most amicable of separations, a divorce is a marathon of paperwork, compromises, and decision-making. It is vital to have an attorney who values the importance of a fiduciary relationship.

Core Fiduciary Responsibilities of Divorce Lawyers in New Jersey

New Jersey attorneys are bound by specific rules, contained under RPC 1.1-1.18, governing their professional conduct, including fiduciary duties.  These rules include confidentiality, conflicts of interest, and competence. There are also rules for safeguarding a client’s property (RPC 1.15. Safekeeping Property).  For example, a lawyer cannot mix personal funds with their client’s or a third party. Records of the account or other property must be kept for a term of no less than 7 years from the date the funds are transferred to the declared party.

Duty of Loyalty

One of the most important duties of an attorney is that of loyalty.  A fiduciary’s responsibility is to protect their client’s interests above their own.  All of their efforts, within reason, should focus on their client’s legal affairs, maintaining confidentiality, and staying away from conflicts of interest. Financial impropriety is prohibited.

Duty of Care

Providing competent legal representation is essential. A fiduciary attorney must make well-informed decisions based on credible sources.  They are required to act in a reasonable manner and act logically. Decisions should be shared with the client as well as offering responsible legal advice.

Duty of Confidentiality

Attorney-client privilege is one of the foundations of the practice of law. A lawyer cannot disclose information relating to a client without the client’s consent except in very specific legal circumstances. They have an obligation to protect communication and information regarding their client’s case.

Duty of Candor

The fiduciary is responsible for disclosing all pertinent information regarding the case with their client, even when that information is unfavorable. For example, a lawyer may have to tell their client that some of their assets initially thought to be individual are marital and must be included in the distribution process.

Duty of Accounting

Proper management of their client’s funds and accurate accountings are also important. Record-keeping and accounting should be reviewed with the client regularly to ensure the protection of the assets.

How an Attorney’s Fiduciary Duties Empower Clients To Make Informed Decisions About Their Divorce Case

An attorney can demystify the legal process by explaining complex legalese and procedures. Fear and insecurity about the future can cause undue stress. When clients are educated about the pros and cons of their decisions, they are empowered to make more decisions about what they want for their future. Safeguarding a client’s legal rights and financial interests creates a relationship of trust that facilitates the client’s decision-making.  When they can absolutely trust their attorney, this can alleviate some of the emotional burden of divorce.  Having a knowledgeable professional to trust and rely on during this process is an invaluable resource.

Legal and Ethical Ramifications of Fiduciary Breaches in NJ Divorces

If a fiduciary duty is breached, there can be legal consequences. First, a civil suit can be used to obtain financial restitution for missing or misused funds. Criminal charges such as fraud, theft, embezzlement, and others can be applied to a fiduciary representative who absconds with funds placed in their care.

An attorney can face disciplinary action if their client files a grievance with the court’s Attorney Ethics and Discipline offices.  Grievances involving pending civil or criminal cases must be submitted after those cases have been resolved, and they must demonstrate unethical conduct.  Grievances usually require up to nine months to be resolved.  Once a grievance is placed on the court’s schedule (known as the docket), it cannot be removed.  If the attorney is found to have committed misconduct, a formal complaint can be filed against them, and the attorney will have three weeks to respond.  Once the court receives a response, a hearing will take place, and if there is evidence of misconduct, the case will be sent to the Disciplinary Review Board.

Attorneys frequently get clients by word of mouth.  Being accused or found responsible for misconduct can be a detriment to a lawyer’s practice.  In divorce cases involving wealthy couples whose notoriety keeps them constantly in the media spotlight, an accusation of misconduct can ruin a lawyer’s practice.  These days, everything is online, and nothing is a secret.  A content creator with a small following can instigate a domino effect that can hurt a person’s reputation and standing in the community.

Why an Attorney’s Background Matters For Your Divorce

Whenever a professional is required, seeking referrals from trusted sources and doing a background search can save you a lot of time, money, and headaches.  You need someone who is not only ethically impeccable but is competent, honest and loyal.  It is vital to check for any misconduct. By reviewing an attorney’s background, you can ensure they are licensed to practice in your jurisdiction and are in good standing with the state bar.

Relatives and friends can provide input on their experiences with an attorney. They are looking out for your best interests, so you know you can rely on their suggestions.  However, each legal situation is different, so you should also conduct your own research.

Ensure Transparency, Confidentiality, and Accountability in Your Divorce Representation – Contact Us Today

In divorce cases handled by the Bronzino Law Firm, our attorney’s fiduciary responsibilities provide key protections and transparency for our clients.  There is no such thing as a completely stress-free divorce, but by removing the burden from our clients, we reduce their stress and worry about their post-divorce standing.  Because our goal is to pursue the strategies that best represent your interests, our goals are focused on developing a plan that will de-escalate conflict and resolve your issues efficiently and in the most favorable manner possible.

We are passionate about helping clients with divorce and family law matters in Bradley Beach, Point Pleasant, Belmar, Lavallette, Ocean Township, Long Branch, Manchester, and elsewhere in Southern New Jersey. With years of work and prioritization of our clients as individuals with unique concerns and goals, Bronzino Law Firm has a reputation for working hard for our clients and treating each case as a challenge where creativity and commitment is key.  Our lawyers develop a close working relationship with you and are dedicated to serving you to find the solutions that best suit your situation. If you are looking for a divorce lawyer who takes your needs and their fiduciary responsibilities seriously, call us today at (732) 812-3102  or contact us online for an initial no-cost consultation to discuss your concerns.