Legal Question in Legal Ethics in Maryland
A Lawyers legal and ethical professional responsibility
I have a lawyer who is licensed in social work and is also an attorney and he has been acting as both the attorney for a custody case I have and a social worker for me and my children holding therapy session with us. I want to know if this is an unethical practice as an attorney as well as some sort of conflict of interest
2 Answers from Attorneys
Re: A Lawyers legal and ethical professional responsibility
Yes, it's potentially a problem because social workers are mandatory reporters on abuse issues, which conflicts with the lawyer-client privilege.
Re: A Lawyers legal and ethical professional responsibility
Yes this is a conflict of interest for several reasons. Most noteable are:
an attorney cannot advocate and present evidence at the same time thus he cannot be your attorney and
be the person who attests to the emotional health and welfare of the children, social workers are required to report
abuse and he cannot fulfill this requirement while complying with the requirements of confidentiality, if he works with the other parent as
a social worker then he may potentially compromise the requirement of zealous advocacy, and other reasons. You should explain this to him and seek another attorney.
If you are pleased with him as a social worker, there may be no problem with retaining him only as a social worker.