Can one lawyer represent my spouse and I in a divorce?

Can one lawyer represent two spouses in a divorce action?  My opinion is that lawyer cannot represent both spouses in a divorce action.

All lawyers do not share this opinion.

Rule 1.7(a) of the Tennessee Rules of Professional Conduct states that “[e]xcept as provided in paragraph (b), a lawyer shall not represent

 a client if the representation involves a concurrent conflict of interest.

What qualifies as a conflict of interest? Rule 1.7 goes on to say that [a] concurrent conflict of interest exists if:

(1) the representation of one client will be directly adverse to another client; or(2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.It is my experience that I cannot represent two spouses in a divorce because my representation of one individual will always be adverse to the other. If two individuals are getting divorced, their interests are, by nature, adverse. I cannot guarantee a client in such a situation that my representation of him or her will not be limited if I represent the opposing party. It is too risky for the parties and too risky for me as a member of the bar.

However, Rule 1.7(b) states that  “[n]otwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may

represent a client if:

(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;

(2) the representation is not prohibited by law;

(3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal;

and(4) each affected client gives informed consent, confirmed in writing.

Representing both parties in a divorce in Tennessee is not prohibited by law, but many Courts frown upon it. If you and/or your spouse opt to

use one lawyer in a divorce case, ask if the lawyer reasonably believes that the he or she will be able to provide competent and diligent representation to each party to the divorce.

You must ask yourself if the representation involve the assertion of a claim by one client against another client represented by the same

lawyer in the same litigation or other proceeding before a tribunal. That is both parties want the to be the Primary Residential Parent of the minor children or the husband does not want to give the wife a share of his 401k, which is marital property.

An alimony issue may certainly be a claim that would make it impossible for two spouses to use the same lawyer in a divorce action.

If you are considering divorce, I urge not to use one lawyer, no matter how amicable it is. 

Please contact my office for a free telephone consultation. I would be happy to be of service.