THURMAN'S INSIDER'S ETHICS TIPS:
Duty of Divorce and Family Law Attorneys to Behave Honestly
Cal. Rules of Prof. Conduct, Rule 5-200 is a good State Bar section to cite to the family court when opposing counsel's behavior becomes so subjectively personalized that it needs to be pointed out to in order to reign them in, possibly as support for a request for Family Code section 271 sanctions.
Two dark practices that divorce attorneys employ are those covered by the subsection (B) duty not to trick the judge or make false statements concerning any fact or the law, and by subsection (E) which admonishes family law practitioners not to behave like a witness unless they are a witness.
The first scenario commonly takes place when an attorney knowingly misrepresents the evidence or provides the judge with self-servingly incomplete statements of the law or bogus arguments. The second occurs when a lawyer is effectively "vouching" for his or her client as though the lawyer was present and had witnessed the events or transactions being described or have become the client themselves. While marital dissolutions and custody disputes are intensely personal for the party litigants themselves, the emotional nature of family law work can infect all the players and participants. Lawyers can become enmeshed in their client's stories and agendas, which causes them to lose their objectivity. Some will stoop to, or find themselves unconsciously, losing sight of their ethical boundaries.
This is unfortunate for all concerned, and while some people may like to see their emotional stories mirrored back to them by their legal representative, it does clients a huge disservice. As a result of their years of witnessing and experiencing the same patterns, pitfalls and cul de sacs in case after case, family lawyers are uniquely positioned to be able to guide clients through the family law process constructively. It is more than a shame when attorneys don't help relieve their client's crisis and instead ramp it up. Attorneys who violate Rule 5-200 have lost sight of their true roles in society.
CALIFORNIA RULES OF PROFESSIONAL CONDUCT RULE 5-200 - TRIAL CONDUCT
In presenting a matter to a tribunal, a member:
(A) Shall employ, for the purpose of maintaining the causes confided to the member such means only as are consistent with truth;
(B) Shall not seek to mislead the judge, judicial officer, or jury by an artifice or false statement of fact or law;
(C) Shall not intentionally misquote to a tribunal the language of a book, statute, or decision;
(D) Shall not, knowing its invalidity, cite as authority a decision that has been overruled or a statute that has been repealed or declared unconstitutional; and
(E) Shall not assert personal knowledge of the facts at issue, except when testifying as a witness.
Testimonials & Endorsements
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“Not only is Mr. Peterson’s knowledge of the law beyond measure, he’s able to articulate it so it’s understandable.”
If you are going through a divorce, The Law Offices of Arnold, Peterson & Criste is in my opinion the best option available. Mr. Peterson and his assistant Jordyn are top notch. Not only is Mr. Peterson’s knowledge of the law beyond measure, he’s able to articulate it so it’s understandable. He was able to navigate my emotions and help my uphill battle to receive proper visitation as a father. Jordyn never hesitated to reach out within the same business day if documents were needed or for any question I had about the process. Thanks to the team, we resolved the divorce healthfully. I couldn’t be more grateful.- Josh Arguijo -
“I needed the best analysis and advice possible. I found Attorney Thurman Arnold III in Palm Springs.”
I am a Veteran and Retired Deputy Sheriff. My divorce involved complicated property distribution and spousal support issues. I spent considerable time looking for the best Counsel I could find before I negotiated with my ex-wife and her Attorney. In fact, my case was in another county, but that didn't matter. I needed the best analysis and advice possible. I found Attorney Thurman Arnold III in Palm Springs. Attorney Arnold is a BAR Certified Family Law Specialist. In my humble opinion the best! His review of my case and how "Moore Marsden" property division applied was invaluable. His guidance saved me $30,000 dollars. Thank you, Thurman!- Jeff Jones -
“Mike is adept at managing expectations and being very fair and measured.”
Needed to modify a settlement and hired Mike Peterson. Mike is very, very knowledgeable and experienced. When you are going through a divorce or child custody issues, it is the most terrifying and stressful experience. Mike is adept at managing expectations and being very fair and measured. I wish I had hired him initially to get it all done straight the first time around. He is very responsive and communicative and understands the client well. Good luck going through this process - have a good guide like Mike without a doubt.- Donika McKelvie -
“I would highly recommend him and the firm”
Micheal Peterson is very knowledgeable of law and can help you make the best decisions for your family. He does is job with integrity. He helps with giving discounts when he can . I would highly recommend him and the firm . Very good staff .- Vincent Hall -
“Very professional, honest, and handled everything without a hiccup.”
Arnold, Peterson & Criste are a class act. Very professional, honest, and handled everything without a hiccup. When a year had passed, he and Jordyn contacted me to let me know I still had retainer on the books! I had forgot and they sent me the money anyway! For this I am very grateful and cannot recommend them enough. You won’t go wrong with Thurman Arnold. He is definitely the guy to have on your side.- Matt Feenstra -
“Simply the Best of the Best!!!”
I Highly Recommend Michael C. Peterson at the Law Office of Thurman W. Arnold!!! I hired Michael for my custody case and he is very knowledgeable and took the time to educate me on the process so we can put together a winning strategy. He fought for me and my children in court and successfully won our case. There are no words to describe how grateful and appreciative I am for Michaels service!!! If you are sitting on the fence on which Attorney to hire, do yourself a favor and hire Michael. I would not recommend anyone else!!! Simply the Best of the Best!!!- John and Lukes Tube -
“Mike amazes me by his knowledge of my case, made me feel like I was his only client.”
- Damaris M.I reached out to this law firm 2 years ago when my life was falling apart. My case was assigned to attorney Michael Peterson. I didn't know much about him except few reviews on google but I'm glad I hit the jackpot. Mike amazes me by his knowledge of my case, made me feel like I was his only client. He's very responsive, respectful and and goes above and…
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“He and Michael Peterson are truly masters of their craft.”
When my clients have family law issues, I routinely refer them to Thurman Arnold. He and Michael Peterson are truly masters of their craft. Family law can be an unwieldy beast, but they handle it with precision and finesse.- Edward Cross
