what if a husband and wife have the same attorney

We often get telephone calls asking whether a divorcing couple can use the same attorney for their divorce. The short answer is NO! It is a violation of the lawyer’s rules of ethics to represent both husband and wife in a divorce.

Full Answer

Can a lawyer represent both husband and wife in a divorce?

Sep 12, 2017 · Under virtually every state’s rules of professional conduct, divorce lawyers cannot represent both parties in a divorce. The rules governing lawyer ethics prohibit attorneys from representing two clients with conflicting interests — and that includes divorcing spouses.

Can I share an attorney in a divorce?

Do not think your spouse's attorney also represents you. A spouse who has hired an attorney might try to get the other spouse to use their lawyer conveniently and to save legal fees. However, the real motive is to gain an unfair advantage during the divorce process by having their lawyer "represent both sides."

Can a divorce attorney work with opposing parties in a case?

Sharing a power of attorney with your spouse can cause confusion and ambiguity where there ought to be clarity. With respect to medical power of attorney, spouses may not have the same views about end-of-life decisions or about who should make them. Requiring separate powers of attorney prevents one spouse's wishes from overpowering the other's and avoids confusion …

Can a lawyer represent a client with adverse interests in family law?

Jun 18, 2010 · In many cases, it is safer for the lawyers to have each spouse represented by separate attorneys, safer because if one attorney represents both spouses and if one spouse is later unhappy about the agreement, the attorney could be alleged to have had a conflict of interest and/or to have been negligent.

Can couples share lawyers?

It is possible for just one spouse to hire an attorney. The other spouse can represent themselves. (We'll address whether they should later.) In fact, neither party is required to hire an attorney.

Can the same law firm represent both parties?

It is feasible (albeit far from ideal) with the informed consent of the clients for two lawyers in the same firm to represent parties opposed in interest. Joint retainer agreements will typically spell out that in the event of a conflict, the law firm may decline to continue to represent one or all of the clients.

Can a lawyer represent his wife?

Lawyers are allowed to advise friends, family members, spouses and other people with whom they are acquainted. A lawyer is not in a conflict of interest simply because the lawyer is representing a family member or a friend.

Can an attorney act for both parties in a divorce?

An attorney is not allowed suddenly to act against a client who he used to represent in the same divorce. This would be a clear “conflict of interest”. An attorney can get into serious trouble with the law society if he is found guilty of this.

Can two attorneys work on the same case?

Yes, you can hire another attorney to either take over or co-counsel . However, if the sentence has already been given, your friend and the second lawyer have a completely different matter to handle. Hiring a second attorney cannot be for a do-over.

Can a lawyer represent a family member?

Technically lawyers are allowed to represent anyone, including members of their own families. However, depending on the state where you practice and type of case you need to handle, the answer to this question may be buried beneath a mountain of fine print and gray areas.

Do lawyers sleep with clients?

May 10, 2018 Updated: May 10, 2018 6:10 p.m. It's now a violation of legal ethics in California for a lawyer to have sex with a client, unless their intimate relationship preceded their professional relationship.May 10, 2018

Can married lawyers represent opposing parties?

The California Rules generally permit a lawyer to represent multiple clients with conflicting interests so long as all the clients have provided their informed written consent.May 1, 2020

What is a conflict of interest for lawyers?

A “conflict of interest” is defined in the Rules as the existence of a substantial risk that a lawyer's loyalty to or representation of a client would be materially and adversely affected by the lawyer's own interest or the lawyer's duties to another client, a former client or a third person.

Is it ethical for a lawyer to represent both husband and wife in an amicable uncontested divorce?

Even though you and your spouse may be amicable and agree on all terms of the divorce, an attorney is not able to represent both of you at the same time. The attorney can only represent one side or party in a lawsuit. Representing both husband and wife would be a conflict of interest.

How long must you be married before divorce?

The divorce process will end your marriage. You can only get a divorce if you've been married for at least one year. You might be able to get divorced without needing a solicitor or going to court if you and your ex-partner can agree you both want a divorce, and on the reason why.

What does the husband get in a divorce?

When a married couple gets a divorce, the court may award "alimony" or spousal support to one of the former spouses, based either on an agreement between the couple or a decision by the court itself. This is separate from the division of marital property and is decided on a case-by-case basis.Oct 7, 2019