More details to this question:
My soon-to-be-x-spouse and I have decided to use one attorney for our divorce. What document is needed from my current attorney that I have retained in order to move forward with my spouses attorney who will rep both of us? I'm trying to save money by providing the form for my attorney. Also, is my retainer going to be returned? I never signed anything regarding my retainer.
12 ANSWERS
In a divorce proceeding, an attorney cannot represent both spouses as it is seen as a conflict of interest. You may choose to proceed on your own in the case without an attorney representing you and negotiate directly with your spouse's attorney, but that attorney is not allowed to represent both of you during the divorce.
Answered on Feb 07th, 2013 at 8:01 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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The unused balance of your retainer should be returned. If the retainer was over $1000 the attorney is required to sign a retainer agreement with you. Ask him to sign a substitution of attorney form and return your case file. He has to sign it. However her attorney represents her and may not tell you what your rights are so be careful. I work with both sides a lot and answer questions from both sides but others may not.
Answered on Feb 01st, 2013 at 3:33 PM
Criminal Law Attorney serving Lawrenceville, GA
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Smith-Grimes Law Firm
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Just send a letter.
Answered on Feb 01st, 2013 at 3:33 PM
Business Law Attorney serving Mount Pleasant, MI
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Office of Michael Hyde PLLC
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Several points: 1. It is a conflict of interest for an attorney to represent both parties to an action . If your spouse's attorney does not ask you to sign a statement that you are aware of the conflict and waive your concerns, then you should not fire your attorney. 2. Your retainer: if you have not signed any retainer agreement that defines your and your attorney's responsibilities you should get your retainer back minus any reasonable charges for time spent on your case. 3. You should be represented in the divorce process by someone watching out for your best interests. Your spouse's attorney is looking out for their interests, not yours. 4. Saving pennies by providing a "form" to your attorney may cost you dollars in the long run. You can fire your attorney by simply writing him a letter to that effect. He will then file a motion to withdraw (if any document was filed by him with the court) or simply return any original documents to you along with a letter acknowledging your termination of the relationship. 5. The only time that it is advisable to use the same attorney is if you and your spouse have completely agreed upon the elements of the judgment and are jointly retaining an attorney to draft the appropriate documents for filing with the courts. 6. If there are minor children of the marriage, I urge you to not fire your attorney.
Answered on Feb 01st, 2013 at 3:33 PM
One attorney cannot "represent" opposing parties on a case - it would be a conflict of interest. If only one party is represented, that attorney can work with the other party to reach an agreement, but the attorney cannot give the other party legal advice. With that in mind, you can still ask your own attorney to withdraw from representation and then represent yourself going forward. Just be sure you understand that your spouse's attorney cannot represent you.
Answered on Feb 01st, 2013 at 5:01 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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This is very foolish, one attorney cannot represent both parties in a divorce - even more so as originally he was representing one of the parties. Do not do this.
Answered on Feb 01st, 2013 at 5:01 AM
You would need a substitution of attorney if a case has already been filed by your attorney or if they have made an appearance for you. If neither has occurred and you do not have a fee agreement with them, you will need to contact them and ask for an accounting or a refund of the funds you have provided.
Answered on Feb 01st, 2013 at 12:39 AM
Anyone can fire his or her attorney. It is usually done in writing. One attorney cannot represent both spouses in a divorce. It is a conflict of interest.
Answered on Jan 31st, 2013 at 11:23 PM
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One lawyer will not represent both of you. Quit trying to be cheap and follow the advice of competent counsel. If you decide to fire her/him, the lawyer is entitled to retain the portion of the payment that has been earned.
Answered on Jan 31st, 2013 at 4:02 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Your spouse's attorney should not even think about representing you. That is a conflict of interest. If you want, you can have your spouse's attorney draw up the paperwork and then you take it to your attorney so that he or she can explain any issues. Your cost will still be minimal.
Answered on Jan 31st, 2013 at 4:01 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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It is unethical for one attorney to represent both parties in a divorce. So, if your spouse's attorney agrees to do so, he is either incompetent or dishonest and you will not save any money in the long run.
Answered on Jan 31st, 2013 at 4:00 PM
Your attorney needs to draft a Consent Order to Withdraw as Counsel, which needs to be signed by you. Your retainer would be returned based on the amount of work performed.
Answered on Jan 31st, 2013 at 4:00 PM