Frank & Candid Divorce Info

Question: Can One Lawyer Handle the Whole Thing?

Answer: No.

It is unethical for an attorney to represent both sides of a case. You may have heard of instances where the parties have made their own deal and then had one lawyer put through the paperwork. This can be done, but only with strict adherence to the lawyers Canons of Ethics. In this, as in all other cases, a lawyer can represent and advise only one of the parties. In my more than 40 years of practice, I have never been in a room alone with both husband and wife nor have I ever spoken to my client's spouse either in person, on the telephone or by email . If I don't talk to the person that is not represented, then I can't be accused of providing any legal advice to that person. This is for my client's protection. A divorce may not be worth the paper that it is written on if the party without a lawyer comes forward a few months later and argues that his or her spouse's lawyer gave him bad advice and that is the only reason that he or she settled the case and that the divorce should be thrown out.

It is unethical for an attorney to represent both sides of a case.

If the other spouse does not have a lawyer and my client tells me that he or she has agreed to all terms with that other spouse, I will prepare all the settlement papers and give them to my client to take home for the other party to sign. I never have any contact whatsoever with the other party unless it is in writing (not email). If the papers come back signed, I then go to court with my client and have the final divorce entered. In my opinion, that is the only way that an attorney can act ethically and still accomplish the goal of having one lawyer handle the whole thing.

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