Using same attorney


#1

Your attorney is correct. “Sharing” an attorney is unadvisable unless it’s ‘your’ attorney and he ‘just signs the papers’. It is unwise to sign anything without an attorney with YOUR best interests at heart. How can an attorney fairly advise BOTH parties…you can’t.

I believe you ought to listen to your attorney, and not put much faith or credence in anything your STBX says. It’s a path to manipulation, and you may end up signing something you wish you didn’t.

HAVE YOUR OWN ATTORNEY. It will be money worth spending. Believe me-I know.


#2

Thanks. I definitely plan to have my own atty. The issue is that he can’t afford one…and he’s afraid of the one I have. Also, he’s trying to make me think that he knows what he’s talking about…which he does not. Tells me he got this info from a judge AND an atty. Right, where did he find these two? Waffle house!


#3

You cannot use the same attorney, this a conflict of interest and attorneys cannot and will not do it. He does not have to get an attorney if he doesn’t want to and your attorney can communicate directly with him, but the same attorney cannot represent both parties.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

My brilliant stbx told me he talked to a judge (which I highly doubt) yesterday and the judge said that sometimes to save money people will use the same atty. The atty will mediate between the two of them.

He has brought this up before and when I asked my atty about this a few months ago she said no. When stbx was divorced years ago, his ex had an atty that she paid for…all my stbx did was sign the papers…he considers this that they used the same atty!

I don’t see how this could work. I mean other than just one atty drawing up the separation papers for both of you to sign, this just makes no sense. Seems like a huge conflict of interest to me! And, seems like the atty would be partial to one client especially the one paying…as would be the case with me.

Has anyone heard of this?

This is what I live with.