Are there any legal restrictions on using the same lawyer in a divorce?
Can You Use the Same Lawyer in a Divorce?
The process of divorce is known to be stressful, emotional and complicated, and it can be made worse if you are going through it without proper guidance and legal representation. Hence, it is essential to hire the right divorce lawyer to represent your interests throughout the divorce process. But, what if you and your spouse want to use the same lawyer in a divorce? Is it even a possibility?
The Legal Ethics in Using the Same Lawyer in a Divorce
The short answer to this question is no. It is legally impossible for both spouses to use the same lawyer in a divorce. A lawyer has ethical obligations and responsibilities to his or her client, known as the attorney-client relationship. This relationship can only exist with one party at a time. If both parties use the same lawyer, it creates a conflict of interest since the lawyer cannot represent both parties equally. In such a case, at least one party’s interests are going to get sacrificed.
Divorce lawyers have a duty to advocate for their clients’ rights aggressively, whether in court or during negotiations. It is impossible to do this when representing both parties. Representing both parties in a divorce case is the equivalent of representing both the plaintiff and defendant in a criminal case. It is a clear violation of the ethical rules of professional conduct that lawyers are bound by.
Conflict of Interest
Using the same lawyer in a divorce case puts a question mark on confidentiality since it requires the lawyer to disclose the client’s confidences and strategies to the other party. Suppose the spouse using the same lawyer later files a lawsuit against the other party, for instance. In that case, the lawyer is now in the middle of a conflicting situation. The same lawyer represents both the plaintiff and defendant’s interest, which leads to a conflict of interest.
Disclosure Rule
Disclosure rule means that the attorney can’t represent multiple clients in the same case if those clients’ interests are in conflict with each other. In such cases, the lawyer has an ethical duty to withdraw from representation so that the clients can find new lawyers to represent them.
Multiple Client Rule
The multiple-client rule means that lawyers should not represent multiple clients if it is likely that their interests will differ, or if there is a risk that the lawyer may divulge confidential information about one client to another.
Conclusion
In conclusion, it is not possible for both spouses to use the same lawyer in a divorce case as they have conflicting interests. The lawyer’s ethical obligation is to represent the client’s interests aggressively, and representing both parties would hinder this obligation. Parties in a divorce case should seek legal counsel to represent their interests separately.
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References:
Divorce Lawyer. “Can Both Partners Use the Same Lawyer for Divorce?.” Divorce Lawyer, 22 May 2020, divorce-lawyer.com.au/can-both-partners-use-the-same-lawyer-for-divorce.
Olson, Kenton. “Can Divorcing Spouses Use the Same Lawyer?” The Balance, 24 June 2020, thebalance.com/can-divorcing-spouses-use-the-same-lawyer-4104667.
Shouse Law Group. “Can Both Parties Have the Same Attorney in a Divorce?” Shouse Law Group, 6 Aug. 2019, shouselaw.com/ca/defense/divorce/same-attorney/.
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