Can One Attorney Represent Both Parties In A Divorce?
Potential clients often call a divorce firm to ask whether both parties can use just one attorney for their uncontested divorce. The potential client will explain that they and their spouse want the divorce, agree on the terms, and would prefer to use one attorney to keep costs down.
The concern centers on the belief that if each party uses its own attorney, the case could spin out of control. In other words, a fight might start, attorney fees could accrue, the attorneys might not get along, and this could turn an easy divorce into a complex one.
What Do Ethical Rules Say On This Topic?
While this idea of using one attorney might make sense to non-attorneys, the Model Rules of Professional Conduct prohibit an attorney from representing two parties in a divorce under conflict-of-interest rules.
Model Rule 4-1.7(a) specifically states the following:
(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:
(1) the representation of one client will be directly adverse to another client; or
(2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.
The rule exists for a good reason. For example, potential settlement terms may be good for one party in a divorce but bad for the other. This would put the attorney in a position of divided loyalty.
What Are The Options?
What are the options if an attorney cannot represent both parties? One party can indeed have representation, while the other party can be pro se. However, it is never a good idea for a party in a divorce not to have an attorney representing their interests. After all, the attorneys of the other spouse cannot give any legal advice to the unrepresented spouse.
The traditional approach is always an option, in which both parties retain their own attorney. In many instances, contrary to popular opinion, this approach works fine. This is especially true where both the attorneys and the parties are working together in good faith to reach an amicable settlement.
If you need to hire an attorney for a divorce, you can contact Stange Law Firm online or at 855-805-0595.
