A family solicitor can help you with a number of different legal issues. For example, they can help you make requests for restraining orders and protective orders.
However, many couples may wonder whether they can have one attorney represent them both during their divorce case. The answer is no, one attorney cannot ethically represent two clients that have competing interests.
1. Conflict of Interest
While it may be technically possible for spouses to share the same attorney in a divorce case, it is generally not recommended. This is because a conflict of interest can occur, which can undermine the legal advice and representation of one or both parties.
A conflict of interest occurs when a lawyer’s professional judgement or actions regarding a primary interest are unduly influenced by a secondary interest. In cases of family law, this is commonly seen in issues such as spousal support. The amount of spousal support awarded depends on various factors, including the length of the marriage and each spouse’s financial capabilities. Spousal support lawyers therefore have a responsibility to only advise their clients in their best interests.
In addition to this, there is also the issue of attorney-client privilege. This means that information shared between a client and their attorney cannot be disclosed to the other party, even in the case of a divorce. This is a common concern for spouses seeking to share an attorney, as it can be a significant barrier to effective communication and collaboration.
Ultimately, it is recommended that each spouse hire their own family solicitor to ensure they have an advocate that is focused on protecting their individual rights and providing personalized legal advice. This can help ensure that the legal process is as efficient and successful as possible, while ensuring each party receives a fair settlement in their divorce case.
2. Legal Fees
Divorce is expensive and it can be even more expensive if a family solicitor represents both spouses in the case. Attorneys work by the hour and it can quickly add up. Moreover, spouses often have to pay for other professional experts to assist with their divorce cases such as financial investigators, professional accountants and stockbrokers. An experienced family lawyer will have a network of professional contacts that can help save clients money in these types of situations.
In many instances, spouses may also be able to resolve their legal issues outside of the courts with a process known as collaborative law divorce. With collaborative law, both spouses hire their own attorneys but they work together with the goal of reaching an agreement that reflects both parties’ needs and interests. By working with your spouse to resolve your case out of court, you can save a significant amount of money in the long run.
In New York, the law encourages both spouses to have equal representation in a divorce action regardless of their income. In order to promote this, DRL SS 237 allows the judge to award counsel fees to one party to a divorce action in the discretion of the court. The reason for this is to prevent monied spouses from dragging out their case for years, unfairly driving up the costs of the non-monied spouse.
3. Representation in Court
A family solicitor can represent you in court for various reasons including child custody, property settlement and alimony. They can also assist you in obtaining an order of protection if necessary. Generally, these cases are handled in Supreme Court. There are several ways to find a good family law solicitor, including asking friends and family for recommendations or visiting local legal aid services and self-help clinics at courthouses. You can also contact your local bar association for referrals to low-cost lawyers.
It is generally a good idea for both spouses to have their own lawyer in divorce proceedings. This is so that one attorney cannot provide advice that may be detrimental to the other spouse. It is also a way to avoid potential conflicts of interest in matters that are important to the couple, such as spousal support.
For example, the length of a marriage is one of many factors that can influence a decision on spousal support. If an attorney represents both parties in this case, they could potentially advise their client to accept a deal that would leave them with less money following the divorce. This would be a conflict of interest because it is not in the best interests of either spouse.
Another thing that a solicitor can help with is name changes for children and adults after a separation or divorce. A lawyer can prepare the required paperwork and ensure that it portrays what the client wants it to.
4. Representation in Negotiations
If one attorney represents both spouses, it is important for each spouse to have open and transparent communication. This can involve joint meetings, regular case updates, and shared documentation. Without this type of communication, each spouse may be left in the dark about legal developments, putting them at an informational disadvantage.
In addition, each spouse must understand that the attorney cannot advocate for them or take sides in disputes. For example, if the couple agrees on an amount for spousal support, but they disagree on how to calculate it (i.e., whether to include market gains or losses or how to value assets), it would be unethical for the lawyer to argue for either side in this dispute.
A family solicitor can provide legal advice on separation and divorce, including issues such as child custody and contact, property settlements, financial matters, and local authority care orders. They can also help clients resolve issues surrounding domestic violence.
Many communities have family law clinics that offer free or low-cost consultations with attorneys specializing in family law. However, it is important for individuals to do their research and choose the right solicitor for them. A good starting point is to ask for recommendations from friends and family who have experienced a similar situation. A solicitor who specializes in the specific area of law that you require will be more likely to have the knowledge and experience needed to represent you effectively.