Everyone – and I do mean everyone – who is going through a divorce is concerned about the total overall cost and looking for clever hacks to save money. One of the biggest costs, for many people, is what they pay their divorce attorney.
So, whether you’re hoping to navigate your divorce without paying an attorney or whether you’re just trying to cut costs related to that attorney, you’re not alone.
I’m an attorney, but it’s okay. I don’t take it personally.
Believe it or not, my goal is to make sure my clients make the best decisions for themselves. It’s not ‘one size fits all,’ so what works for you may be different than what works for someone else.
Can an attorney represent both parties in a divorce action?
One thing that is ‘one size fits all’, though, is the fact that you and your soon-to-be ex-husband cannot share an attorney.
Yes, it would save money, probably, if you’re just looking at the total overall cost of the attorney herself. But you might also figure that it could cost you dearly if your shared attorney didn’t advocate equally for both you and your husband. But, then again, how could she? Because to represent you well would be to do a disservice to your husband – and vice versa.
Anyway, it’s against our ethical rules. An attorney could risk being disbarred for trying to represent both parties or even just for giving advice to the opposing party! (And, before you say it, no, I don’t think most attorneys, if any, are willing to risk losing their law licenses in order to help either you or your husband like that.)
Isn’t there sometimes only one attorney involved in a divorce case?
Yes, sometimes, only one party retains an attorney. I’ve been the only attorney involved in multiple cases over the years.
Still, even when I am the only attorney, I only represent one party – and it’s very clear whom that is. I personally represent women only, so you could go by that, but also – my client has signed a retainer agreement. She is the one to whom I am giving advice. I am not allowed to give the other party – the husband, the dad, whoever – any advice except that he should seek his own independent counsel if he has specific questions, because I can give him no legal advice.
He may choose not to consult an attorney. He may consult with one but not hire one. It is totally up to him to choose.
I may be the only attorney involved. That’s fine. But that doesn’t mean that I have any obligation at all to do anything other than what I am statutorily required to do – like have him served, so that he can respond.
There may only be one attorney, but that doesn’t mean that both parties share that attorney. It means only one party is represented.
Does one attorney ever represent two clients?
Yes, but not in family law. An attorney can represent two clients if they have the same interests, like in an estate planning situation, but not if their interests are not completely aligned!
There is no situation where a family law attorney would represent both parties. Even in a situation where it seems like the parties are aligned – like a mom and her new husband trying to get custody or do a stepparent adoption – there would only be one client.
What if someone other than the client is paying for the attorney?
It sometimes happens that the client doesn’t pay her own fees. Someone else – a parent or relative or a new boyfriend or whoever – pays them.
Still, that doesn’t mean that the third party is a client; they aren’t. There is only one client and that’s the person who signs the retainer agreement. Just because someone else pays the fee, or continues to pay the bill, doesn’t entitle them to more information. In fact, in order to take emails or meeting requests from that third party, the client would have to sign a release (and this is often something we discourage, because it can dramatically reduce the balance of the trust account and violate confidentiality).
Just because someone else is paying the bill does not mean that they become a client or that they have unfettered access to the attorney! The client is still the client and she is the only person to whom the attorney is ultimately accountable.
There may be ways to save money on attorney’s fees, but using the same attorney is definitely not going to be one. For more information, or to learn about hiring an attorney (or not) check out our newest book title for free e-download here, or give us a call at 757-425-5200.