When Jane knew she was getting a divorce, she called Nelson Law Group PC to represent her and the kids. She had heard from friends that our team was knowledgeable in all aspects of divorce and child custody laws, and naturally, Jane felt like she hit the jackpot during arguably the most difficult time in her life. But despite her relief, one question kept popping up that she admittedly felt silly asking: “Can my family law attorney represent both me and my spouse in divorce?”
In our world, no question is a silly question — especially when it comes from someone who has never been divorced and wants to ensure their best interests are being considered above anyone else’s. Besides, not every “silly” question leads to an obvious answer when it comes to the law.
So it is better to ask than to assume you know the answer.
In Jane’s case, she was relieved to hear that no, her family law attorney cannot and will not represent her and the opposing party in the same case at the same time. This would be a major conflict of interest.
You will have your own lawyer. Period. Meanwhile, your spouse can go find their own family lawyer elsewhere.
Attorney-client privilege is a special relationship between you and your lawyer
The bottom line is that your attorney and staff owe 100% of their loyalty to you and your side of the case. This is known as zealous advocacy. Another key factor is a legal term you may have heard of called attorney-client privilege.
While there are exceptions, the benefits of attorney-client privilege are that you can discuss any aspect of your case without fear that:
- Your attorney will voluntarily share it with anyone else
- Your attorney will be torn in any way between you and the opposite party, or
- The opposing party will request the information at any point
This frees you AND your attorney up to be open and upfront about your situation, the details of your case, and potential next steps. By being upfront and honest with your attorney, you are giving them the best chance to deal with any issue that arises throughout your case, build a strong case in your favor, and seek out the best possible outcome for you.
Call Nelson Law Group today!!
If divorce is the answer, you need a trusted advisor to guide you through each stage of your divorce and help you deal with the stress that naturally comes with that. We work diligently to achieve a result that ensures you receive what you are entitled to as you move forward onto the next stage of your life. The Nelson Law Group brings nearly two decades of experience in family law to each and every case.
Give our knowledgeable staff here at Nelson Law Group, PC, a call if you have any further questions regarding this or any other issue. Our staff is always available. Give us a call today! For more information about Brett A Nelson, click here.