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Can We Use the Same
Attorney for Our Divorce?
After 15 years of
marriage, Brad and Lisa have decided to end their
marriage. To save on attorney’s fees, the couple
asked Thurgood, their longtime family friend and a
lawyer, to represent them both.
Thurgood bellowed,
“Absolutely not!”
Thurgood explained to
the couple that one attorney cannot ethically
represent both individuals involved in a divorce
case. This is because a divorce or legal separation
action usually involves two people with different
interests. An attorney could not be loyal to one
party without doing a disservice to the other. An
attorney can represent one spouse and the other can
go unrepresented; however, this usually gives an
advantage to the spouse who is being represented by
an attorney.
Where a couple thinks
they agree on all issues, it may seem logical to
save money and use one attorney to "handle the
paperwork”. However, this is almost always a very
bad idea and can have potentially disastrous
effects:
- If a lawyer
chooses to represent both sides, it opens the
door to malpractice claims if either party
believes they were harmed by the lawyer's dual
representation.
- If there are
issues in the divorce that may be contested,
property rights that need to be determined, or
if the custody of the children is in dispute,
one attorney cannot represent both parties.
It is a no-win
situation for the lawyer and for the clients as
well.
To save money, the
couple could choose mediation, where they would also
benefit from having an attorney present. If Brad has
hired a lawyer, it is a good idea that Lisa look
into hiring her own lawyer to represent her
interests.
If you would like
more information, or would like to schedule a
consultation regarding divorce procedures, please
contact Charles R. Ullman & Associates via our
online form. |
