#8 Can one attorney represent both parties in a divorce case?

August 5, 2016


CLICK ON TITLE TO WATCH VIDEO. VIDEO TEXT:  Hi, my name is Dave Hunter, and I am an attorney and mediator here in Utah County, Utah. This video answers the question: Can one attorney represent both parties in a divorce case? The short answer is no. A lawyer can only represent one party to a divorce because representing both parties is a conflict of interest. By its very nature, a divorce case creates conflicting interests on many levels. For example, one party may desire more alimony, the other has an interest in having less. One party may desire more time with the children, which means less time with the other parent. These are conflicts of interests. In a divorce case, there are always conflicting interests. However, if you were to ask this question in a different way, it looks differently. For example, if you ask: Do both parties in a divorce have to have lawyers? The answer is no. There is no requirement that any party has to have a lawyer in a divorce case. It is also possible that only one party hires a lawyer, to draft up the documents, and the other party signs off on the settlement. The unrepresented party can hire a lawyer to review the documents before they sign or not. There is no rule or conflict of interest in just hiring one attorney, but one party will be the attorney’s client, and the other will be the opposing party. Both parties have to know that the attorney is only representing one party, that that they have the right to consult with an attorney of their own choice before signing any documents. This would be more typical in an uncontested case where the parties basically have an agreement on the basic divorce terms, and need an attorney’s assistance in doing the paperwork and helping them through the process. I hope this information was useful. Call today to schedule a case review, or visit our website for more information. [HunterLawUtah.com 801-802-2222] Please like us below and leave a comment, and watch my other videos. Thank you for watching Disclosure: The information contained in this video and on the Hunter Law, PLLC websites is for general information only and is not tailored to relate to any specific legal needs or factual scenario, does not constitute legal advice, nor creates a privileged attorney-client relationship. You should always speak to an attorney before making any legal decisions in your specific case. At Hunter Law, we offer a free case review with an attorney for you to ask questions about your specific case privately and confidentially. Call today to schedule your free case review appointment. 801-802-2222

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