QUESTION
Can my husband and I have the same attorney? Why?
Asked on May 06th, 2015 on Divorce - Wisconsin
More details to this question:
Is it possible for two people who are divorcing to have the same attorney? Does this help cut costs?
7 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It is against the Supreme Court rules governing lawyers for one lawyer to represent both spouses in a divorce. This is because of the potential conflict of interest: the gain of one spouse in a property division, for example, is a loss to the other. In very constructive divorces, the parties can agree that one lawyer will represent one of them, and that s/he will instruct the lawyer to be as fair as possible to the opposing spouse. When there is enough good will, it can work out comfortably. Good Luck.
Answered on May 07th, 2015 at 3:02 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Its possible but if any serious disagreement between your ex and you develops (or that attorney knows one is getting a serious upper hand in the negotiations) you must then each get totally separate attorneys... the process is sometimes called collaborative law The issue is that attorney ethical rules limit an attorneys duties to of confidence to clients and they have an ethical duty to zealously represent their clients.. therefore if there is a conflict or either party agrees to something that is not fair they have an ethical dilemma.
Answered on May 07th, 2015 at 11:37 AM
Bruce Provda
It is never wise for the parties in a divorce to share an attorney. In some areas this is considered unethical for an attorney to do. The main reason is who is their client, you or your husband? If controversy arises, who does the attorney work for. In the long run you may find it less expensive for you to have your own counsel.
Answered on May 06th, 2015 at 5:49 PM
Generally, the answer is no because invariably there will be a conflict of interest if one attorney represents people with adverse interests. You can agree on what you want, have an attorney for one of you draw it up, have it looked over by the other person or his/her attorney and go from there. That can sometimes help save money. Good luck.
Answered on May 06th, 2015 at 3:59 PM
I believe that an attorney will NOT represent both of you because there would be a conflict of interest, and that would be a violation of the Attorney's obligations to his/her clients. If you are both in agreement with terms of the divorce, I suggest you consider Mediation. Mediation is Fast, Effective and Affordable and the Mediator can conduct a mediation without attorneys, if both parties agree. Good luck.
Answered on May 06th, 2015 at 3:43 PM
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It is not really possible, because even if you are all in agreement, it is a conflict of interest, generally. However, if you are in agreement, you may want to use a mediator attorney as opposed to one of you hiring an attorney. Or one may hire an attorney and the other may have an attorney do a "limited representation" just to review the documents. There are many options. Best wishes!
Answered on May 06th, 2015 at 3:42 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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No you cannot. The only way that is possible is if the attorney is acting a mediator. They then don't represent either one of you but try to get you to an agreement. An attorney can represent one of you yet sit down with you both and work out a deal but they will be looking after the best interests of the party they represent.
Answered on May 06th, 2015 at 3:39 PM