what if my wife picks the same lawyer in a divorce

Can a divorce lawyer represent both parties?

Under virtually every state’s rules of professional conduct, divorce lawyers cannot represent both parties in a divorce. The rules governing lawyer ethics prohibit attorneys from representing two clients with conflicting interests — and that includes divorcing spouses.

Can an attorney represent you in a divorce?

Because of your competing interests, an attorney can’t ethically represent you both in a divorce, no matter how agreeable the terms are to each side. Working with opposing parties in a lawsuit would create a "conflict of interest" for any divorce attorney. However, there is one circumstance where an attorney can help you ...

Can a lawyer represent two clients?

The rules governing lawyer ethics prohibit attorneys from representing two clients with conflicting interests — and that includes divorcing spouses. Even if you and your spouse agree on everything in your divorce, you’re still technically considered opposing parties in a lawsuit.

What is the best way to resolve divorce issues?

Couples who can resolve all of their divorce-related issues on their own or with a little help from a mediator may use an attorney-mediator to prepare their divorce agreement. Mediation allows couples to resolve their divorce without the time and expense of a trial. An attorney-mediator can ethically help both divorcing spouses reach an agreement ...

Can a divorce be resolved by mediation?

Couples who can resolve all of their divorce-related issues on their own or with a little help from a mediator may use an attorney-mediator to prepare their divorce agreement. Mediation allows couples to resolve their divorce without the time and expense of a trial.

What is mediation in divorce?

Mediation allows couples to resolve their divorce without the time and expense of a trial. An attorney-mediator can ethically help both divorcing spouses reach an agreement by acting as a neutral third party. A mediator’s role is limited to the following: helping spouses understand the law.

Can a mediator take sides?

Mediators cannot take sides or provide any legal advice, so the biggest drawback of attending mediation without your own attorney (at your side or behind the scenes) is that you may not know for sure whether your legal rights are fully protected.

Does Rule 1.7 have a part B?

Rule 1.7 has a part (b). Of course it does; we’re dealing with lawyers here, and if a part ( a) is good, having a part (b) is twice as good.

What is conflict of interest in a case?

A conflict of interest is a position in which you owe two people your allegiance or best effort. A starting pitcher cannot pitch for both teams; a detective cannot investigate a crime she committed. Similarly, a judge should not own stock in a company involved in a trial she is hearing, and a client should not retain a lawyer already working for the client’s adversary. That last component is actually written into the regulations of the Virginia State Bar.

What does Rule 1.7 B mean?

This protects everyone involved, so later on, should the divorce get more difficult, neither you nor your wife can claim to have unknowingly entered into the peculiar arrangement of sharing a lawyer.

Zacharia Spencer Bonham

There is a substantial likelihood this is a conflict of interest, however, there are exceptions that exist which may allow the firm, and more importantly, a different attorney at the firm with no knowledge of the specific information you gave, to represent your wife.

William S. Stern

You would have to file a motion to disqualify the law firm. This issue is somewhat complex and you would be in over your head doing it without an attorney. You have to decide if it is worth it.

Can a divorce mediator represent you?

A divorce mediator will not represent you or your husband, and as such can’t give either of you legal advice. Rather, a mediator will help you identify the issues that need resolution and assist in creating a divorce agreement that is in compliance and alignment with applicable laws.

Can you get angry during a divorce?

It’s easy for you, your spouse, or both of you to get angry and even emotionally distraught during the divorce process. Simply handing the responsibility for handling your divorce to your divorce lawyer might seem like a welcome relief. However, it might actually complicate things for you more than simplify them.

Is divorce scary?

The prospect of divorce is a frightening one in its own right. The marriage and union you had hoped would last, and likely worked hard to accomplish, is coming to an end. The last thing you need is your spouse’s attorney intimidating you in the courtroom . Even despite this, some people make the choice to represent themselves in divorce hearings, even if their husband has personally hired a lawyer.

What does a mediator do in a divorce?

Rather, a mediator will help you identify the issues that need resolution and assist in creating a divorce agreement that is in compliance and alignment with applicable laws. Mediation can be a sound alternative to trying to handle the divorce by yourself.

What is the primary goal of a lawyer?

Lawyers are supposed to work under one primary goal: the relentless pursuit of their clients’ interests. If you convey to a lawyer that your interest is specifically an amicable divorce, then that’s just what you should expect.

Is mediation a confidential process?

Mediation is usually a confidential process, and should you and your spouse fail to reach any agreement, arguing the divorce in court is still a possibility after the fact. One big disadvantage of mediation is that mediators aren’t able to advise either of you if your decisions are good ones or not.