Reducing Conflict in Divorce Litigation: Ethical Solutions for Family Law Practitioners

Alan R. Feigenbaum | Blank Rome LLP

Alan is an experienced matrimonial and family law attorney whose prime focus is the maximization of is clients’ long-term, post-divorce, emotional capital.

He assists a diverse range of professionals and their spouses, including business owners, lawyers, investors, and entertainers, on their family law matters, with a notable focus on evaluating the optimal strategies to manage and resolve complex financial and custody disputes.

He is well-versed in managing agreements (separation, prenuptial, and postnuptial) to create a framework for his clients’ futures, and approaches dispute resolution with an eye toward facilitating cooperation and reducing conflict, making every effort to settle cases out of court.

Understanding that divorce can affect the trajectory of a person’s life, Alan focuses on his clients’ long-term financial and familial best interests. His multifaceted approach has included:

• Working with financial experts to identify and define the scope of assets acquired by a spouse before the marriage, thereby eliminating litigation over whether those assets are part of the marital pot;
• Resolving the disposition of a spouse’s interest in a business without resorting to a pro forma approach that assumes complex valuation of that interest is always required;
• Reaching agreement on the payment of expenses while a divorce action is pending, without the need for costly, interim support motion practice;
• Negotiating interim parenting schedules by empowering parents and not substituting attorney judgment for that of the parents;
• Settling contentious custody disputes without involving court-appointed professionals, sparing the family from the potentially lasting effects of domestic relations litigation; and
• Prioritizing the value clients place on financial independence both during and after the divorce action concludes, including in the case of the non-monied spouse evaluating the financially feasibility of retaining the marital home.

Alan also has significant courtroom experience, including first-chair trial experience in domestic relations matters and, at an early stage in his career, examining witnesses before the U.S. International Trade Commission.

He also speaks and writes frequently on matters of family law. Alan is a regular contributing columnist for the New York Law Journal on matters of divorce law.

For his pro bono work at the firm, Alan is a volunteer discharge upgrade attorney for The Veterans Consortium.

Sunita Kurra | Cohen Clair Lans Greifer & Simpson LLP

Sunita Kurra is admitted to practice in both New York and New Jersey.

She has been practicing matrimonial and family law exclusively since completing her clerkship for the Honorable Frances A. McGrogan, J.S.C. of the Bergen County Superior Court, Family Division, where she began her legal career. Ms. Kurra has been named a Super Lawyers “Rising Star” for the New York Metro Area each year since 2017.

Ms. Kurra received her JD from Duke University School of Law in 2011 and her BA magna cum laude from Barnard College in 2006. She lives in New Jersey with her husband, son and daughter.

Erika R. Piccirillo | Cohn Lifland Pearlman Herrmann & Knopf, LLP

Erika R. Piccirillo is a partner in the Family Law Group at Cohn Lifland. Erika is Certified by the Supreme Court of New Jersey as Matrimonial Attorney

As a family law attorney, Erika represents her clients’ interests in matrimonial and post-judgment matters and protects their children’s best interests in custody and support matters. Erika recognizes that sometimes life stops being all ‘x’s and ‘o’s and, when that happens, she helps her clients cross their ‘t’s and dot their ‘i’s. She knows that what is best for one family is not best for all families and seeks to help her clients resolve issues in a way that is tailored for their specific needs.

Erika has experience in a range of family law matters: From divorce, including equitable distribution and spousal support; to custody matters, including child support and parenting; to post-judgment matrimonial cases, including enforcement of Marital Settlement Agreements; to litigating domestic violence matters. Erika is a sounding board for her clients’ most sensitive issues and a source of legal counsel, empowering them to make thoughtful decisions in every circumstance.

Session I – Professional Approaches to Resolving High-Conflict Divorce Cases | 1:00pm – 2:40pm

• How tone in letters, emails, briefs, affidavits play a role in the level of conflict in divorce litigation
• How conduct at depositions, and in court, plays a role in the level of conflict in divorce litigation
• Why it’s important to remember that the divorce lawyers are not getting divorced – the risks of becoming your client
• The relevance of trying to resolve disputes before motion practice

Break | 2:00pm – 2:10pm

• Acknowledging mistakes of your client
• Not being punitive when opposing counsel makes an honest mistake
• The dangers of reneging on deal terms, and how that impacts the level of conflict

Session II – Practical Divorce Tips and Reducing Conflict: Navigating Ethical Challenges in Family Law | 2:40pm – 3:50pm

• Confidentiality (Rule 1.6): Ensuring that client information is protected, particularly when emotions run high in divorce cases
• Conflict of Interest (Rule 1.7 – 1.9): Identifying and addressing conflicts when representing both parties in a divorce or handling multiple cases involving the same family

Break | 3:10pm – 3:20pm

• Duties of Candor and Fairness (Rules 3.3 and 4.1): Ensuring honesty in communications, particularly in cases involving hidden assets or deceitful behavior by one party
• Competence and Diligence (Rules 1.1 and 1.3): Ensuring honesty in communications, particularly in cases involving hidden assets or deceitful behavior by one party