Clients often ask, “Can you represent both of us in our divorce?” The answer is, “No, a lawyer can only represent one of you, even if your are in total agreement on all issues.”
Not only is hiring one attorney for both of you unethical, but it can also be a bad idea. A lawyer who represents both parties creates a conflict of interest because he or she cannot independently advise each of you in the event you disagree on something or where the law creates a conflict. Moreover, an agreement may be set aside or made invalid if you both share an attorney. And we caution women especially to seek their own independent legal counsel, as they are often bullied into agreements that are not in their best interest.
However, we understand why clients ask this. Often, it is to save money or because they’ve agreed to the terms of their divorce. They just want something quick and easy. So we try to help them dig a little deeper and come up with some alternatives to address the underlying concerns. Click here to read “5 Ways You Can Save Money in Your Divorce”.
We also offer services where we represent one of the parties in the divorce for the purpose of drafting the paperwork and making sure things get filed properly. We have to ensure that we are not giving the other spouse legal advice but can otherwise assist the case along so that things move efficiently and affordably.
To learn more, please contact us.