You have the right to an attorney who is able to handle your case; show you courtesy and consideration at all times; represent you zealously; and. It's not uncommon to think that because you and your spouse are friendly, it would be much easier and less expensive if you could have an attorney for both of you. However, a lawyer cannot represent both parties. An attorney is ethically prohibited from representing two persons with conflicting interests who are in a dispute.
The parties may attempt mediation without the use of lawyers, but the mediator cannot provide legal advice to either party. The mediator can only help the two parties to reach an agreement. If your spouse hires a lawyer, you should do the same. While you may feel like you can represent yourself in your divorce, when one party has a lawyer and the other does not, it often results in the unrepresented party leaving without fair treatment.
Do yourself a favor, hire a lawyer and level the playing field. A divorce lawyer can only represent one party in a divorce matter. They can never (never) represent both parties. I know what you think.
A mother in your Facebook group did it. So, I must not tell the truth or we just don't allow this in our particular firm, even though others do. In determining that all these elements have been satisfied, “a court must irrefutably assume that the lawyer acquired confidential information in the previous representation and disqualification becomes mandatory. The interests of the parties are adverse to each other and that is why, while it is permissible to perform a limited-scope representation for one of the litigants, it is not allowed, in this writer's opinion, to perform a limited-scope representation for both litigants in ANY matter of family law, divorce, separation, case custody or post-trial matter.
The rule also prohibits the lawyer from using any information obtained in a previous representation against the previous client, unless the information has been “generally known” and he reveals confidential information. To avoid any misunderstanding between you and your lawyer, please read this document carefully. You should ask if the lawyer is in favor of alternative dispute resolution or mediation to resolve disputes. If you don't qualify for legal aid, you may be able to find a lawyer willing to take your case pro bono, which means it's free.
Both spouses and their lawyers will sign a contract stating that if the parties are unable to reach an agreement through the collaborative process, each client will hire a new lawyer to handle the contested case. While most lawyers are willing to use alternative divorce solutions, such as mediation, some are trying a new method of divorce called collaborative practice, which is where clients and lawyers agree, beforehand, not to litigate in court. Client's right to cancel the agreement at any time; how the attorney's fees will be determined and paid should the client terminate him at any time during the course of the representation;. This is why a lawyer cannot represent both husband and wife in their divorce, even if there is no fault and it is not contested.
If yes, then your lawyer will probably not advocate for a trial unless your spouse is uncooperative or unreasonable. If you can't afford an attorney, you can call your local legal aid office to see if you qualify for assistance. A good marriage lawyer can explain several ways you can save money on your legal fees in your divorce case. The other spouse, who may or may not hire his or her own lawyer, receives the divorce papers and a hearing is scheduled.
Leave a Comment