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Ethics in Family Law – Beyond Legal Principles and into Value Judgments

Professor the Honourable Nahum Mushin

(2018) 30 SAcLJ 427

Ethical practice by lawyers is fundamental to the rule of law and access to justice. That applies to practice in every jurisdiction. However, some jurisdictions impose additional ethical requirements which arise from their jurisprudence. That is nowhere more applicable than in family law. The overall discretionary nature of family law and, in particular, its emphasis on the paramountcy of the best interests of the child, create conflicts for practitioners, which can be difficult to resolve. This article considers universal ethical issues and many additional requirements imposed by the family law jurisdiction.