Legal: Should My Spouse and I Share an Attorney for Our Divorce?
Q: My spouse and I are considering divorce. My spouse said we should use one lawyer. Should we share an attorney?
A: This question presents the seductive potential of saving money for both parties. However, it would be improper for a lawyer to act in this manner. No attorney should or ethically can represent both spouses in the divorce. This represents a potential conflict of interest. Lawyers are trained as advocates. We consequently are best suited in providing advice for one party.
To be in a situation where we are representing both parties creates a conflict of interest. A lawyer may not undertake representation of clients recognizing “the possibility” that the lawyer’s judgment may be impaired or that lawyer’s loyalty may be divided.
One lawyer cannot act as an advocate for one party and be a mediator for both. The mere possibility of being an advocate precludes the undertaking of the role of a mediator. Most rules of ethics in various Bar Associations are clear that a lawyer who acts as a mediator may not represent either of the parties in obtaining a divorce or any other matter relating to the mediation. In addition, such rules of ethics are very clear that an attorney may not represent both sides to a divorce case.
