NOPE!

“Can my spouse and I save on legal fees by having one lawyer represent both of us for our dissolution?”                                 

NOPE. A divorce lawyer can only represent one spouse. The other spouse is self-represented. Find another lawyer if a lawyer tells you that s/he represents you and your spouse. The person represented may save a lot in terms of settlement at the expense of the unrepresented spouse.

Here’s the deal. Ethically, I can only represent one party. This ethical obligation ensures that I advise my client in a way that secures everything the person is legally entitled to or doesn’t give up something not required by law. This ethical standard is in place to protect the rights of each party involved.

It happened a lot, and when both people came in together, I immediately told the couple this. I used a welcome sheet, and since I had no information, I told them my standard practice was to represent the person feeling it out. Or we could do it the opposite way; it’s their choice.

The person who was not my client was then told I couldn’t answer any questions because I would be giving legal advice. My concern was that they would think I was hiding something, but they had choices. They could leave and get an attorney. They could stay, and I would insist, but I couldn’t make it mandatory; they consult an attorney before signing anything. This insistence on seeking independent legal advice empowers each party to make informed decisions.

The papers signed made it clear which party I represented, but I understood it; the person, not my client, had been advised to seek counsel and received no legal advice from me.

 

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