what if two spouses contact same lawyer

Do I need a lawyer if my spouse has an attorney?

Sep 12, 2017 · Just because your spouse hires an attorney doesn’t mean that you need to rush out and find your own lawyer. But if you and your spouse have already resolved all the issues in your divorce, your spouse's attorney can prepare a draft settlement agreement. You may not feel that you need to hire your own attorney to review the proposed agreement if your divorce is …

Can a lawyer represent both parties in a divorce?

If there is any doubt that the other person is already in a marriage, the second spouse should contact a lawyer to determine what rights exist and will remain if in the relationship. The Potential Consequences When a second spouse turns into his or her romantic partner, there are several possible consequences that may punish the criminal.

Can I share an attorney in a divorce?

Feb 09, 2013 · There is something called a "chinese wall" which can be used to keep the 2 sides from communicating with the other and find out what is going on. Generally speaking the firm should decline the representation and should definitely have both clients sign waivers of the conflict. Report Abuse JK James Peirce Kelaher (Unclaimed Profile)

Can a family law attorney become your client?

Jun 18, 2010 · The attorney may get a call from one spouse asking the attorney to keep the call private from the other spouse. If the attorney will represent both spouses in preparing the estate plan, the attorney cannot do this. The client is placing the attorney in a position of conflict. Even when both spouses are attending the meeting, one spouse may propose that the documents …

What happens if you marry two people?

This is the law throughout the entire country, and if the individual marries two or more others, he or she may suffer under the law and face incarceration or civil penalties.

What happens when you marry more than one person?

When a person marries more than one person, he or she engages in bigamy or polygamy. The first marriage between spouses is usually a valid and legal binding of the two. However, subsequent legal relationships require the first to either end in divorce or for one party to die.

What happens if one spouse commits bigamy?

When one spouse commits bigamy, the second spouse in the relationship usually has a marriage that is invalid and has no legal standing. If this spouse does not want to pursue criminal or civil action against the one committing bigamy, he or she may have rights under federal law to return to a relatively normal life devoid of the bigamist.

Why is it important to seek the consultation of a lawyer before pursuing any action or attempting to seek a

Because most of the second spouse’s rights do not exist , it is important to seek the consultation of a lawyer before pursuing any action or attempting to seek a civil remedy for the bigamy situation. The lawyer may have answers about how to progress through the criminal or civil matter.

Is a domestic partnership a common law marriage?

There are some domestic partnerships and common law marriages that some states will recognize as legally binding. When same-sex couples are already in a legal marriage to another person, the domestic partnership will constitute as bigamy. The same applies to another person that enters into a common law marriage in the state the recognizes it. When presenting these relationships to the state, the individual may face criminal charges of bigamy when attempting to recognize the relationship as legal. If there is any doubt that the other person is already in a marriage, the second spouse should contact a lawyer to determine what rights exist and will remain if in the relationship.

Is it ethical to represent opposing parties in the same firm?

The question is not one of legality, but ethics. It is not ethical for two attorneys in the same firm to represent opposing parties without the written consent of both parties to waive the obvious conflict of interest. I would suggest you find yourself another attorney.

What is a Chinese wall?

There is something called a "chinese wall" which can be used to keep the 2 sides from communicating with the other and find out what is going on. Generally speaking the firm should decline the representation and should definitely have both clients sign waivers of the conflict. Report Abuse. Report Abuse.

What is a child abuse case?

In cases where one spouse is accused of a crime against the child of the other spouse, such as a child abuse or child neglect case; In cases where the communication between the two spouses was made in the presence of a third party.

Do you need a lawyer for a civil case?

In civil cases, it is likely that you will need the assistance of a family lawyer. A family lawyer in your area can help with any family laws that you need clarification or advice on.

Can a spouse refuse to testify against their spouse?

For example, if one spouse is on trial as a defendant in a criminal matter, the other spouse may refuse to testify against their spouse by asserting or claiming the husband-wife testimonial privilege.

1. The reasonable and experienced family law attorneys

When we have a reasonable family law attorney on the other side of the case, the case usually settles and does so quickly and at a very affordable price for both spouses.

2. The unreasonable fee churning family law attorneys

I wish these types of family law attorneys did not exist but unfortunately they do.

Why do courts recognize spousal privilege?

Courts and the federal and state governments recognize the spousal privilege in order to protect marital relationships from the harm that would befall them if spouses could be forced to testify against each other.

What is the law of privilege?

A "privilege" under the law is an exception to the universal rule that no one may refuse to give testimony or other evidence in a legal proceeding. This general rule promotes the interests of justice by ensuring fair trials on all of the available evidence.

What does privilege mean in law?

“Privilege” has a special meaning under the law: protection from being forced to testify about communications between yourself and a person with whom you have a special relationship, such as a spouse.

Can a spouse testify in civil court?

Neither spouse can be compelled to testify as to private, confidential communications between them in either criminal or civil proceedings. But, only communications that the spouses intend to be, and maintain as confidential are protected. Not every statement between spouses is confidential or a communication.

What is privileged communication?

But the privilege protects only"communications.". Statements that are not communications between the spouses, such as observations by one spouse about the conduct of the other, are not privileged.

Do you have to be married to assert spousal privilege?

Valid marriage required. In order to assert either spousal privilege, a valid marriage must exist. When it comes to the spousal testimony privilege, the defendant and the witness spouse must be married at the time that the privilege is asserted.

What is Obergefell v. Hodges?

Hodges, 576 U.S. ___ (2015). With this decision, the question of how courts will treat same-sex couples with respect to the two privileges discussed here became very simple: Same-sex couples enjoy the same protections as do their opposite-sex counterparts.

Can a business have only one owner?

Usually, to qualify as a sole proprietorship, a business can only have one owner . There is an exception to this rule for spouses who own a business together. They can elect to have their jointly-owned business treated as a sole proprietorship as long as they follow certain rules. The rules for electing sole proprietor tax status differ depending on ...

Can a spouse be a sole proprietor?

Spouses in all states who jointly own and manage a business together can elect to be taxed as a "qualified joint venture" and treated as sole proprietors for tax purposes. To qualify as co-sole proprietors, the married couple must be the only owners of the business and they must both "materially participate" in the business—be involved with ...

What Information Is Covered by The Husband-Wife Communications Privilege?

• As noted above, there are two main privileges encompassed in the husband-wife privilege: the spousal communications privilege, and the spousal testimonial privilege. The spousal communications privilege applies to both civil and criminal matters, and may be asserted by either spouse to protect any confidential communications made during marriage. Importantly, th…

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What Information Is Covered by The Husband-Wife Testimonial Privilege?

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