Can One Lawyer Represent Both Parties in a Divorce?
Divorce is never pleasant, and there is much to consider, spanning financial concerns, stress, and many other factors. It can be tempting to seek ways to reduce financial pressure, such as considering whether both parties can use the same attorney.
Not only is that often a bad idea ethically, but it is also prohibited under Texas law.
In almost all cases, it is preferable for each spouse to appoint their own legal representative to assist with divorce proceedings so they can ensure they have access to an expert that works in their best interests.
At Skillern Firm Divorce & Child Custody Lawyers, we work diligently to ensure that our clients can rely on first-class legal expertise at every stage of the divorce process and we’re standing by now to take your call.
Reach our offices at (832) 688-6606 to discover how we can make one of life’s most stressful situations into something far more manageable.
One Lawyer representing both parties FAQs
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 832-688-6606 today!
-
Many families share a lawyer for all their needs while married. This works extremely well in most cases, as the attorney-client relationship builds over many years. However, when divorce becomes a concern, both parties are legally obliged to either appoint independent lawyers or to represent themselves.
-
A single lawyer cannot be appointed to represent both parties in Texas. It is considered unethical, even during amicable splits. While both parties can speak to the same professional, it is against the law for an attorney to represent both sides in an official capacity.
Why You Legally Cannot Use the Same Divorce Lawyer
Two spouses could conceivably agree, at least in principle, to use the same divorce lawyer. There are numerous reasons why they might consider doing so. For example, using only one attorney for family law matters could conceivably save legal fees. Alternatively, and if two spouses agree, they could seek legal representation from the same attorney if both have a pre-existing attorney-client relationship.
However, while many families use just one lawyer for their legal matters during the marriage, it is legally impossible for divorce lawyers to represent both sides.
This primarily comes down to a conflict of interest. A single attorney could conceivably intentionally or subconsciously provide inadequate advice to one spouse, or confer an unfair advantage to the other party.
It is vital to remember that in matters of child support, finances, and property, what might be in the best interests of one party might not be ideal for the other. Even in family law cases where couples decide they can still trust each other, there remain potential conflicting interests through legal advice.
Beyond this, Texas law requires each spouse to either appoint their own attorney or to represent themselves. Even in cases where a settlement agreement has been reached, the potential for a conflict of interest remains in the eyes of the law. As such, it is the responsibility of both parties to appoint a divorce lawyer. Failure to do so and attending a hearing with one attorney representing two parties would not be viewed favorably.
It is not against the law to have a divorce lawyer represent only one spouse, while the other goes without legal representation. This is inadvisable, as it means that one party will not have access to specialist legal advice. Meanwhile, the party that has appointed a law firm to oversee their divorce will be able to draw on knowledge and guidance from a range of practice areas, using legal advice to gain a potential advantage.
Contact a Divorce Lawyer from Skillern Firm Divorce & Child Custody Lawyers Today
A divorce is a period in life where people need all the support they can get. Even otherwise amicable proceedings can turn complicated without access to the right expertise, and Skillern Firm Divorce & Child Custody Lawyers is here to help.
No matter what stage of a divorce you’re in, it’s never too early or too late to seek out specialist advice. You’ll benefit from our many years of experience in successful divorce cases, together with the support and sensitivity required at times like these.
Call our law office today at (832) 688-6606 for an initial consultation.
