Can a Divorce Lawyer Represent Both Parties?
A divorce lawyer should not represent both parties in a divorce because the spouses have competing interests. You and your spouse both want to get the best possible outcome from the divorce for your own personal situation. You may end up fighting over custody of the kids or how property is divided and your attorney cannot adequately represent both of your interests. However, if you have handled all of the issues of the divorce yourself and you are not looking for anything more than help filing court paperwork, you may not need to get a lawyer. The Huerta Law Firm, PLLC can explain your options for getting legal representation in Texas so you can make an informed decision on hiring a divorce lawyer.
A Divorce Lawyer Cannot Represent Both Clients
Attorneys are not allowed to represent clients when there is a conflict of interest between those two clients. To do so would be a violation of ethical rules, since lawyers have a fiduciary obligation to act in the best interests of their client in all matters. Since divorcing spouses are adversaries, an attorney cannot act in the best interests of both of them at the same time. This means the same divorce lawyer cannot represent both spouses. What can happen, however, is if you and your spouse have agreed on everything, you can decide that only one of you will get a lawyer. The attorney can draft the settlement agreement you have both reached while representing the spouse who has retained his services. This agreement can then be presented to the other spouse for review. The other spouse could get his own lawyer to look it over, or could just sign it.
Getting Help from a Divorce Lawyer
If you are ending a marriage, you want your own divorce lawyer so you can ensure your interests are protected. Contact The Huerta Law Firm, PLLC today to find out how we can help you. Contact us today!