Why Divorcing Couples in Texas Should Never Share the Same Lawyer
|
|
There are few “always” and “nevers” in my life, but one of my nevers is this: I will never agree to represent both spouses in a divorce. Even if the divorce is amicable, even if there are no children, even if the couple has already agreed about how the estate should be divided. Never.
As a seasoned family law attorney in Texas, I've encountered many clients who believe they can save time and money by sharing a lawyer with their spouse. Not only is such an arrangement against the Texas Disciplinary Rules of Professional Conduct — the guidebook for lawyer ethics — but it’s a nearly foolproof recipe for an unhappy client.
It's Against the Rules
Rule 1.06 explicitly states that a lawyer cannot represent opposing parties in the same litigation unless both parties provide informed consent. While it might seem convenient to have one lawyer handle all aspects of the divorce, the inherent conflict of interest makes this arrangement untenable.
Comments within the rule further clarify the nature of representing adverse parties. If the advice given to one client is favorable to them but detrimental to the other, a conflict of interest arises. Inevitably, my advice will be good for one and bad for the other party. Thus, I cannot represent them both at the same time.
Many clients have approached me, claiming that everything is amicable and there's no conflict between them and their spouse. Rarely does that description prove correct. Often, clients have left something out of their “agreed” plans.
|
|
Carol Wilson provides expertise, focus and compassion in times of family turmoil, having skillfully litigated and tried complex divorce, property division, and child custody cases for more than 35 years.
She has been Board Certified in Family Law by the Texas Board of Legal Specialization since 1992. Subscribe to the firm's newsletter here.
|
|
|
Proud of a Successful ASC Goes to Court
|
|
I was proud to chair "ASC Goes to Court: A View from the Bench," hosted by Attorneys Serving the Community on March 26.
Thank you to U.S. District Judge Barbara M. G. Lynn, U.S. Bankruptcy Judge Brenda T. Rhoades, and U.S. Magistrate Judge Rebecca Rutherford, who discussed:
- their pathways to the bench
- what women lawyers can do to promote and sponsor each other
- the “dos” and “don’ts” of appearing in court, and
- the importance of community service and pro bono work to our personal growth and professional success.
|
|
|
I'm grateful to everyone who participated and attended, and look forward to another successful year for ASC as it raises money for Crossroads Community Services.
|
|
|
The highest compliment I receive is your referrals. If you know someone in need of assistance in a family law matter, please don't hesitate to share my contact information: carol@cawilsonlaw.com and 214-303-0142. Thank you!
|
|
|
|
|
