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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 03-06-2006, 12:33 AM
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Default Can one lawyer represent both parties??

Hubby is proceeding with his divorce and has retained a lawyer. She suggested he talk to his ex to see if this can be settled amicably..surprisingly she seems to be willing to go along without a fuss ( who knew?)

Hubby has spelled out the highlights of the agreement - custody, access and support issues, tranportation etc..and she seems in agreement..

So can the lawyer he retained work on 'their' behalf and just write up the agreement and divorce papers and have them filed..or will she need to retain her own lawyer..or any other options available?

He would like to move quickly on this since she is being so agreeable..any suggestions??

Thanks

J
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Old 03-06-2006, 01:06 AM
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I don't think the lawyer retained by the one party can represent both. He either represents one person or neither. In some cases you might hire a mediator who is also a lawyer - they would be working for both people and looking after neither's interest( well both I guess ) . The lawyer should be clear about who he is working for.

The comparision that comes to mind is a real estate agent. If the seller's agent is the same as the buyers - you have to sign something saying that is okay and he is actually "working" for the sellers. Not sure if this would apply

She should make sure the agreement is looked over by a lawyer imo if the lawyer is working for hubby. If it is like the mediator type of situation - not as big as of deal = but still a good idea.
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Old 03-06-2006, 01:21 AM
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jlalex,

Good news that your issues can be worked out amicable between the two parties. Have the papers drawn up by your lawyer. With the issues involved in your case it would be best if she retained her own lawyer to review the agreement. If only one lawyer is involved this could come back to haunt you in the future. Always best if each party has independent legal advise, especially where custody/access and support are involved. If she decides down the road she was unhappy with the agreement, she simply has to go back to court and say, "I didn't have proper legal advise".
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Old 03-06-2006, 01:45 PM
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thanks for the replies. I hope things go smoothly..or at least as much as can be expected.

In this situation would you be able to have someone sign a waiver saying they are aware of their right to have legal counsel and choose not to blah blah...? I'm concerned as she has stated that doesn't want to bother having to 'go through the trouble of getting a lawery', which is all fine and good except if she comes back later on and says "I didn't have proper legal advise" and we have to go through this all again...
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Old 03-06-2006, 06:48 PM
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jlalex,

After waiting 7 years for this, you don't want anything to go wrong now, or heaven forbid in the future over using the same lawyer. You should each have your own lawyers so that each of you is protected and has independent advice. As for her signing a waiver, I don't think ethically your lawyer would do it, in this situation.
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Old 03-07-2006, 09:43 AM
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Grace is right on this one. Get Independant Legal Counsel to go over the agreement, a fresh pair of eyes (another lawyer) may catch something.

Hubby
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Old 03-07-2006, 11:22 AM
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Oops..sorry I should clarify here..this isn't about me..my papers were finally set down last friday (woohoo..lol)

this is about my common law husband..he and his ex have been going along without any support orders or custody agreements up til now..and it has more or less been amicable. The last couple of times she's withheld access and been an all around jerk about things so he wants to finalize everything, get the appropriate orders and get divorced.

So far she seems agreeable, but when he suggested she get a lawyer ( through legal aid) she said she didn't want the hassel. So I'm wondering if she's agreeable, and he serves her with the papers does it basically go through uncontested? Or will there be problems as far as the courts are concerned...

If you serve someone and they don't bother to retain counsel..what happens?
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Old 03-08-2006, 08:03 PM
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ALL I ASK IS....

DO YOU WANT THIS ALL TO COME BACK AND BITE YOU IN THE BACKSIDE.

You know there are places that someone can go to have a contract read by a lawyer that does not cost that much (maybe $300 or $400) and trust me I think for that it would be a good investment. Have her take it there and you foot the bill, or have the lawyer that she's see bill your lawyer, does it matter to you which lawyer gets the money, this way she would get independant counsel. Lets say that sometime in future you win super 7 or 649 and win the grand prize (good luck by the way) what would be stopped your ex from saying that she was under some impression about future interests (whatever) and that she used your lawyer, blah, blah, blah, she got ripped off.... blah blah blah... there goes 1/2 your winnings...

(see where I'm going with this)

okay that's just my opinion. Good luck.
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