Frequent question: Can a solicitor act for both parties in a divorce?

It may seem smart to try and cut down on expenses as a way to limit your stress by having a divorce lawyer represent both parties. … The code of professional legal conduct bans attorneys from taking on clients with conflicting interests, including spouses who are divorcing.

Can a solicitor represent both parties in a divorce?

That solicitors can act for both sides in a divorce

Even where the husband and the wife have reached an agreement between them, it is not possible for the same solicitor to act for both of them.

Can a divorcing couple use the same solicitor?

The short answer is that one solicitor representing two clients is not possible. … Just because each party has a different solicitor doesn’t mean that you will end up in court. Two solicitors need not mean an acrimonious divorce. You simply have to choose the right solicitor for you.

Can a solicitor represent both parties?

The general answer is no. The Solicitors Regulation Authority and Law Society have strict rules in place to avoid what they call ‘conflicts of interest’. … In very exceptional circumstances however the solicitor will be permitted to act for the buyer and seller but only when this will be for the benefit of both parties.

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Can a law firm represent both parties?

Acting for more than one client

Lawyers are not able to represent more than one client in the same legal matter unless they comply with Rule 12 of the Rules. This protects both the lawyer and the clients in the event that the clients’ interests diverge, even if their interests start out the same.

Do I need a solicitor if my wife is divorcing me?

There is no legal obligation for either husband or wife to use a solicitor in order to get divorced. In an uncontested divorce, if the couple can reach an agreement on how to distribute any financial assets and childcare responsibilities, there will generally be no need for lawyers to get involved.

Can a solicitor act for both seller and purchaser?

Effectively, no. A conveyancing solicitor can only act for both a buyer and seller in rare circumstances. … NEVER where there is a conflict of interest, or a significant risk of conflict, UNLESS it is in the best interests of the clients for a solicitor firm to act for both and the benefits outweigh the risks.

Can you act for both seller and buyer?

There is a high risk of a conflict of interest if you act for both a buyer and a seller. You’ll need to decide whether there is a conflict in the circumstances. If there is, then you should not act for both clients. … If you do this, you should make sure that your decision is in the best interests of both clients.

Can a solicitor act for both parties in a transfer of equity?

In the transfer of equity cases where no money is being transferred between the parties, one solicitor can act for both parties; such cases are usually involved transactions between parties who are related by blood, adoption, marriage or living together.

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Can two lawyers from the same firm represent opposing parties in a divorce?

The California Rules generally permit a lawyer to represent multiple clients with conflicting interests so long as all the clients have provided their informed written consent.

Do I need a divorce lawyer if we agree on everything?

You should have a lawyer – even if you agree on everything. You want to make sure that your divorce is done properly and completely so you don’t have any surprises or unexpected issues come up at a later date if something was forgotten or left undone.

Can lawyers of the same firm represent opposing parties?

Yes, it is a conflict, but it can be waived in writing by both parties.