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Abstract

All attorneys should know about domestic violence. The misconception that it appears only in family law matters is not only mistaken, it is downright fatal. Domestic violence is a pervasive, stigmatized crime, affecting more than twelve million people annually. The nature of this hidden crime invites myriad crossover legal issues with nearly every area of the law. Because of this, every attorney should be familiar with domestic violence and know how to recognize the warning signs. While there are the more obvious indications, such as bruises and unexplainable injuries, education is necessary to recognize the numerous subtle signs that often go undetected. Some of these subtle signs include clients canceling or failing to show to scheduled appointments or meetings, a nearly-always-present partner, or the client’s phone receiving frequent notifications when the partner is not present. While each of these subtle signs is not absolute proof that domestic violence is occurring, a lawyer must recognize them as warning signs and adjust his response accordingly. Failure to recognize such subtle signs results in ill advice on the subject matter of representation, which could cause serious harm to the client, up to and including the client’s death. Attorneys have an ethical obligation to become familiar with domestic violence and to recognize that it is more than physical violence; it is a pattern of coercive control over the victim with physical violence being just one component. This Note proposes implementing a requirement that all attorneys complete annual CLEs on domestic violence topics to learn how to spot this legal issue within their practice so as to comply with their ethical duty of competence to spot crossover legal issues and to protect their clients’ best interests.

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