What must a lawyer do when a contentious relationship develops between the parties of a joint retainer?

When a contentious relationship develops between the parties of a joint retainer, referring the clients to other lawyers, while not advising on the contentious issues, is the most appropriate course of action. This approach protects the interests of both clients while maintaining the lawyer's professional integrity and compliance with ethical obligations.

In a joint retainer situation, it is essential for the lawyer to ensure that both parties understand the implications of the joint representation. If conflicts arise and one party's interests begin to diverge significantly from the other's, it can create a conflict of interest that the lawyer must address. The lawyer is obliged to prioritize the best interests of their clients and cannot adequately represent both parties if they are in conflict.

By referring the clients to separate counsel, the lawyer ensures that each party receives independent representation. This move mitigates the risk of partiality, maintaining the ethical standards within the practice of family law. Additionally, it helps both parties navigate their contentious issues with the support of legal professionals who can advocate purely for their respective interests without any conflict arising from shared representation.

Changing the approach to mediation may not address the underlying issues of contention effectively and could generate further complications. Advising both parties to continue working together may ignore the clear tensions present and lead to further discord. With