An attorney represented the wife in an acrimonious divorce proceeding involving issues of property division and child custody. After one day of trial, the husband, through his lawyer, made a settlement offer. The proposed settlement required that the wife’s attorney agree not to represent the wife in any subsequent proceeding, brought by either party, to modify or enforce the provisions of the decree. The wife wanted to accept the offer, and her attorney reasonably believed that it was in the wife’s best interest to do so because the settlement offer was better than any potential award to the wife resulting from the case going to judgment. Consequently, the attorney recommended to the wife that she accept the offer. Was it proper for the wife’s attorney to recommend that the wife accept the settlement offer?
The answer to this question my vary widely depending on which state you are in. Under Florida's Rules of Professional Responsibility, a lawyer may accept restrictions placed on them by their client so long as it has no effect on any other current or future clients. So there is an argument that what is done in this hypo is legal in Florida. This answer is intended only for academic purposes and is not intended as legal advice.
