The Bledsoe Firm - June 2024

INJURY-FREE RUNNING DIVORCE DILEMMA UNPACKING CONFLICT OF INTEREST CHALLENGES IN CALIFORNIA LAW

If you have ever contacted a divorce attorney, you may have noticed they ask for the name of the other party in the case. This is done so that the firm can run what is known as a “conflict check,” whereby they check their records to determine whether or not they have had a prior relationship with the other party, and whether representing you would present a conflict of interest. If a conflict of interest does exist, then that lawyer will not be able to represent you without first obtaining written consent from both relevant parties. WHAT IS CONFLICT OF INTEREST? According to the State Bar of California, Rule 1.7(b), a lawyer shall not represent a client if there is a significant risk the lawyer’s representation of the client will be materially limited by the lawyer’s responsibilities to, or relationships with, another client, or a former client. A lawyer has an obligation to represent their client dutifully, and

cannot do so if they are conflicted by another client-attorney relationship. This applies to every type of legal representation, including divorce — even if a divorce is “uncontested,” a lawyer cannot represent both parties without first obtaining written consent. HOW IS CONFLICT OF INTEREST CREATED? The 2019 film “Marriage Story” prominently features conflicts of interest as an obstacle for the husband, played by Adam Driver, in his divorce case. Adam Driver’s character has a difficult time finding a divorce attorney who does not have an existing conflict of interest. This is a result of his spouse seeing, and sharing, prominent details of their case with nearly a dozen prominent divorce attorneys in L.A. What the other party did is purposefully create conflicts of interest, a tactic meant to limit the potential field of

divorce attorneys available to the husband in this example. The attorneys who previously met with his spouse do not want their undue influence to affect the case, as this would impact not only their reputation but would violate California law. This is an example of how impactful conflict of interest can be, and is an important reminder of how critical it is to swiftly acquire quality representation if you are going through a divorce.

Striding to Success How Power Walking Boosts Your Fitness

Runners and other workout buffs often make fun of power walkers, saying that walking — even at a vigorous pace — isn’t a real workout. Try telling that to TikTok fitness influencer Stefana Avara. Avara says she got great results from power walking 30–45 minutes daily at a 15-minute mile pace (about 4 mph on a treadmill). In the

past, she had built strong, bulky thighs playing lacrosse and claimed she wanted to smooth out her quads. After just five weeks of power walking, she attained slimmer thighs while maintaining excellent muscle tone. Power walking involves moving faster and with more intention than regular walking. You keep your arms bent at a 90-degree angle and pump them vigorously back and forth as you stride. Power walkers also move their feet smoothly from heel to toe while striding ahead. Doing this correctly engages your whole body, including your core muscles, raises your heart rate, and burns more calories. A brisk walk elevates fat-burning hormones. According to Health.com, an hour of power walking uses more than 500 calories, compared with the 340 calories burned by a brisk walker and the 238 calories consumed by a casual stroller. Power walking is also easier on the joints than running. Power walkers’ feet never leave

the ground at the same time, while runners’ feet repeatedly strike the ground with greater force.

People who take frequent, vigorous walks reap almost as many health benefits as runners, according to a peer-reviewed 2013 study by researchers at Lawrence Berkeley National Laboratory and Hartford Hospital. Another study found that runners and vigorous walkers showed similar reductions in the risk of hypertension, diabetes mellitus, and coronary heart disease. Vigorous exercise also reduces such mental health problems as depression and anxiety, according to a 2006 study. To get the most out of a power walk, keep your chin up and focus your eyes on a point about 10 feet ahead of you to lengthen your stride. Pull your abdomen muscles in toward your spine. Tighten your glutes to help propel you ahead. Follow these rules of good form and swing your arms while striding energetically ahead, Avara says, and you will get a workout worth doing!

2

Made with FlippingBook Ebook Creator