ABSTRACT
Our system of justice is called the adversary system. Rather than determining the outcome of a controversy by ordeal or by battle, we do so by pitting lawyer against lawyer, trusting that, through the cauldron of negotiation or litigation, the truth will out. Attorneys will generally champion vigorously their clients' causes, giving them the benefit of any doubt. It is for the attorney to assert; the court to determine. Once retained, an attorney is charged with arguing his client's case as well as it can be done, provided that the positions taken are not false or frivolous. There is no exception carved out for custody cases. Nevertheless, where a child's safety, security, or well-being is at stake, most attorneys believe they are charged with a greater responsibility. Although it is not for an attorney to determine the outcome of a legitimate controversy, a responsible attorney may refuse to argue a position or cause with which he or she has a serious disagreement.
