Attorney representation for both parties?


#1

Dear justcurious:

Greetings. An attorney should not represent both you and your spouse, even if everything is already agreed to, as you have conflicting interests. My suggestion is that you hire an attorney for you and let her get the agreement reviewed by another. Have your attorney draft the agreement exactly as you both have agreed. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

</font id=“Times New Roman”> I must disagree with the distinguished attorney


#3

Dear Twiceloser and justcurious:

Greetings. While I respect your disagreement, I am forced to point out that pursuant to the Rules of Ethics, which all attorneys must follow, a single attorney (or firm) cannot represent both parties. Now, one party can hire an attorney, have the attorney do all the drafting, etc., but that attorney cannot provide any legal advice to the other spouse. That means that the agreement will generally be one-sided. No one has to be represented AND hiring an attorney does not mean that you are going to have months of long battles. Many people resolve their issues within the first 30 days of representation!

I also must say that I have been in many negotiations where one side has released their attorney after negotiations to sign the final agreement with just one attorney.

So, yes, one of you can hire an attorney, have them do all the work, and present your spouse with the agreement for signature. Some of our clients do that, and agree with their spouses in advance, to help defray the costs. We are often selected because of our flat fee…which means that all changes to the agreement are included during the representation!

Thank you both for your comments and good luck!

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

My wife and I are in the process of separating. The separation and impending divorce will not be contentious and should be completely amicable, including equitable distribution, which we’ve more or less already agreed on.

My question is, is it possible for both of us to hire the same attorney or firm to process the separation (agreement) and divorce?

Thanks.