Is it unethical or against a legal code for her divorce attorney to advocate against reconciling our marriage?

Question Detail

My wife and I are trying to work or marriage out and hopefully not follow through with the divorce. My concern is her attorney is telling her that compared to other men, I have only changed about 5%. And since we are trying to work things out my wife is holding on to his statement as a matter of fact. I do not want the divorce but this and other statements from him seem to me be biased and a conflict of interest. Not only is it untrue but how can he give such advice when he is not a licensed therapist or PhD and how can he assume what my level of change is? Especially when he has only spent about 1.5 hours with me. I have more concerns with these statements but this is mainly what bothers me. Also, if he does violate some code by doing this is there anything I can do? Thanks.

Answer

It depends.  While there are ethical implications due to the possible conflict of interest that arises when an attorney gives advice that he or she knows will lead to his or her financial benefit, it comes down to motives.  Is the evidence so clear that the motive of financial gain is clearly the dominant force behind the advice?  Because of the difficulty of that determination, a finding of an ethical violation is difficult.  To help explore all available options, it is important to contact an experienced family law attorney.