"Can one lawyer represent both my spouse and me? I think it would save us both time and money."

It is a violation of the Lawyer's Canon of Ethics to represent two people on opposite sides of a lawsuit. Family law practitioners are often presented with this question, but the answer is always the same. How can a lawyer advise a husband what options he has and what may be in his best interest -- and at the same time, do the same thing for the wife, as their interests could very well conflict?

Having said that, I will say that countless cases have only one lawyer signing off on the decree of divorce. Often, I will have a couple make an appointment together to obtain a divorce. The very first thing I do is explain the above ethical dilemma, that only one person can be the client, and that that person is to whom I owe all my loyalty, duty and obligation to represent zealously. It is also my job to protect the attorney-client privilege, which is not held by the lawyer but belongs exclusively to the client. Only the client can waive that privilege by allowing others to sit on confidential sessions with his or her lawyer. Furthermore, if a client insists upon having his or her spouse remain in the session, then I must also explain that I cannot give legal advice to the opposing spouse. I always encourage the other spouse to obtain their own counsel, even if only on a consultation basis, so that any paperwork I draft may be reviewed by their attorney to ensure that their interests are explained and protected. I have acted in this capacity for my own clients quite often when retained to simply review paperwork presented to them by their spouse's attorney.

Tuesday, May 15
at 8 pm to 8:30 EST
Out With the Tragedy: Turning Divorce into a meaningful experience
with Allison Pescosolido and Andra Brosh, founders of Divorce Detox
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